THE 


Proposed  Revised  Constitution 


AS  ADOPTED  BY  THE 


y,?rk 

CONSTITUTIONAL  CONVENTION,  U 


At  the  City  of  Albany, 


SEPTEMBER  28th.  1894r 


V . ' 

'/  y ',ir 


,We,  the  people  of  the  State  of  New  York,  grateful  to  AlmighVf  A 
God  for  our  freedom,  in  order  to  secure  its  blessings,  do  '% 
establish  this  Constitution. 


ARTICLE  L 


1 Section  i.  No  member  of  this  State  shall  be  disfranchised, 

2 or  deprived  of  any  of  the  rights  or  privileges  secured  to  any 

3 citizen  thereof,  unless  by  the  law^of  the  land,  or  the  judgment 

4 of  his  peers. 


1 Section  2.  The  trial  by  jury  in  all  cases  in  which  it  has 

2 been  he;i'etofore  used  shall  remain  inviolate  forever;  but  a jury 

3 trial  may  be  waived  by  the  parties  in  all  civil  cases  in  tlie  man- 

4 ner  to  be  prescribed  by  law. 

1 Section  3.  The  free  exercise  and  enjoyment  of  religious 

2 profession  and  worship,  without  discrimination  or  preference,. 

3 shall  forever  be  allowed  in  this  State  to  all  mankind;  and  nc 

4 person  shall  be  rendered  incompetent  to  be  a witness  on 

5 account  of  his  opinions  on  matters  of  religious  belief;  but  the 

6 liberty  of  conscience  hereby  secured  shall  not  be  so  construec 

7 as  to  excuse  acts  of  licentiousness,  or  justify  practices  incon- 

8 sistent  with  the  peace  or  safety  of  this  State. 

1 Section  4.  The  privilege  of  the  vrrit  of  habeas  corpus  shal 

2 not  be  suspended,  unless  when,  in  cases  of  rebellion  or  inva 

3 sion,  the  public  safety  may  require  its  suspension. 

1 Section  5.  Excessive  bail  shall  not  be  required  nor  cxces 

2 sive  fines  imposed,  nor  shall  cruel  and  unusual  punishtnent: 

3 be  inflicted,  nor  shall  witnesses  be  unreasonably  detained. 


,J42,747i 

tH8  5 

)a.94p 

1 Section  6.  No  person  shall  be  held  to  answer  for  a capital 

2 or  otherwise  infamous  crime  (except  in  cases  of  impeachment, 

3 cases  of  militia  when  in  actual  service,  and  the  land  and , 

4 naval  forces  in  time  of  war,  or  which  this  State  may  keep  with 

5 the  consent  of  Congress  in  time  of  peace,  and  in  cases  of  petit 

6 larceny,  under  the  regulation  of  the  Legislature),  unless  on 

7 presentment  or  indictment  of  a grand  jury,  and  in  any  trial 

8 in  any  court  whatever  the  party  accused  shall  be  allowed  to 
. 9 appear  and  defend  in  person  and  with  counsel  as  in  civil 

10  actions.  No  person  shall  be  subject  to  be  twa’ce  put  in  jeop- 

11  ardy  for  the  same  offense;  nor  shall  he  be  compelled  in  any 

12  criminal  case  to  be  a witness  against  himself;  nor  be  deprived 

13  of  life,  liberty  or  property  without  due  process  of  law;  nor 

14  sliall  private  property  be  taken  for  public  use,  witliout  just 

15  compensation. 

1 Section  7.  When  private  property  shall  be  taken  for  any 

2 public  use,  the  compensation  to  be  made  therefor,  when  such 

3 compensation  is  not  made  by  the  State,  shall  be  ascertained  by 

4 a jury  or  by  not  less  than  three  commissioners  appointed  I'ly  a 

5 court  of  record,  as  shall  be  prescribed  by  law.  Private  roads 


6 


6 

7 

8 


may  be  opened  in  the  manner  to  be  prescribed  by  law;  but  in 
every  case  the  necessity  of  the  road  and  the  amount  of  all 
damage  to  be  sustained  by  the  opening  thereof  shall  be  first 
determined  by  a jury  of  freeholders,  and  such  amount,  together 
with  the  expenses  of  the  proceeding,  shall  be  paid  by  the  per- 
son to  be  benefited.  General  laws  may  be  passed  permitting 
the  owners  or  occupants  of  agricultural  lands  to  construct  and 
maintain  for  the  drainage  thereof,  necessary  drains,  ditches  and 
dyk'es  upon  the  lands  of  others,  under  proper  restrictions  and 
with  just  compensation,  but  no  special  laws  shall  be  enacted 
for  such  purposes. 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 


Section  8.  Every  citizen  may  freely  speak,  write  and  pub- 
lish his  sentiments  on  all  subjects,  being  responsible  for  the 
abuse  of  that  right;  and  no  law  shall  be  passed  to  restrain  or 
abridge  the  liberty  of  speech  or  of  the  press.  In  all  criminal 
prosecutions  or  indictments  for  libels,  the  truth  may  be  given 
in  evidence  to  the  jury;  and  if  it  shall  appear  to  the  jury  that 
the  matter  charged  as  libelous  is  true,  and  was  published  with 
good  motives  and  for  justifiable  ends,  the  party  shall  be 
acquitted;  and  the  jury  shall  have  the  right  to  determine  the 
law  and  the  fact. 


i 


I 


Section  9.  No  law  shall  be  passed  abridging  the  right  of 

2 the  people  peaceably  to  assemble  and  to  petition  the  govern- 

3 ment,  or  any  department  thereof;  nor  shall  any  divorce  be 

4 granted  otherwise  than  by  due  judicial  proceedings;  nor  shall 

5 any  lottery  or  the  sale  of  lottery  tickets,  pool-selling,  book-| 

6 making,  or  any  other  kind  of  gambling  hereafter  be  authorized 

7 or  allowed  within  this  State;  and  the  I.egislature  shall  pass 

8 appropriate  laws  to  prevent  offenses  against  any  of  the  provw 

9 sions  of  this  section, 

1 Section  10.  The  people  of  this  State,  in  their  right  of  sov- 

2 ereignty  are  deemed  to  possess  the  original  and  ultimate  prop- 
, 3 erty  in  and  to  all  lands  within  the  jurisdiction  of  the  State; 

, 4 and  all  lands  the  title  to  which  shall  fail,  from  a defect  of  heirs, 

I 5 shall  revert,  or  escheat  to  the  people. 

f 

I 

\ I Section  II.  All  feudal  tenures  of  every  description,  with  all 

5 

[ 2 their  incidents,  are  declared  to  be  abolished,  saving,  however, 

3 all  rents  and  services  certain  which  at  any  time  heretofore 

4 have  been  lawfully  created  or  reserved. 


8 


1 Section  12.  All  lan'ds  within  this  State  are  declareci  to  be 

2 allodial,  so  that^  subject  onljr  to  the  liability  to  escheat,  the 

3 entire  and  absolute  property  is  vested  in  the  owners,  accord 

4 ing  to  the  nature  of  their  respective  estates, 

1 Section  13.  'No  lease'  or  grant  of  agi-icultural  land,  for  a 

2 longer  period  than  twelve  years,  hereafter  made,  in  which  shall 

3 be  reserved  any  rent  or  service  of  any  kind,  shall  be  valid. 

1 Section  14.  All  fines,  quarter-sales,  or  other  like  restraints 

2 upon  alienation,  reserved  in  any  grant  of  land  hereafter  to  be 

3 made,  shall  be  void,  y 

1 Section  15.  No  purchase  or  contract  for  the  sale  of  lands 

2 in  this  State,  made  since  the  fourteenth  day  of  October,  one 

3 thousand  seven  hundred  and  seventy-fivej  or  which  may  here- 

4 after  be  made,  of,  or  with  the  Indians,  shall  be  valid,  unless 

5 made  under  the  authority,  and  with  the  consent  of  the 

6 Legislature.  , ' 

1 Section  16.  Such  parts  of  the  common  law,  and  of  the  acts 

2 of  the  Legislature  of  the  Colony  of  New  York,  as  together  did 


9 


, 3 form  the  law  of  the  said  colony,  on  the  nineteenth  day  of 

4 * April,  one  thousand  seven  hundred  and  seventy-five,  and  the 

5 resolutions  of  the  Congress  of  the  said  colony,  and  of  the  con- 

6 vention  of  the  State  of  New;  lYork,  in  force  on  the  twentieth 

7 day  of  April,  one  thousand  seven  hundred  and  seventy-seven, 

8 which  have  not  since  expired,  or  been  repealed  or  altered; 

9 and  such  acts  of  the  Legislature  of  this  State  as  are  now  in 
10  force,  shall  be  and  continue  the  law  of  this  State,  subject  to 
m such  alterations  as  the  Legislature  shall  make  concerning  the 
'12  same.  But  all  such  parts  of  the  common  law,  and  such  of  the 
13  said  acts,  or  parts  thereof,  as  are  repugnant  to  this  Constitution, 
114  are  hereby  abrogated, 

, ii  Section  17.  All  grants  of  land  within  this  State,  made  by 
' 2 the  king  of  Great  Britain,  or  persons  acting  under  his 

3 authority,  after  the  fourteenth  day  of  October,  one  thousand 

4 seven  hundred  and  seventy-five}  shall  be  null  and  void;  but 
'5  nothing  contained  in  this  Constitution  shall  affect  any  grants 

6 of  land  within  this  State,  made  by  the  authority  of  the  said 

7 king  or  his  predecessors,  or  shall  annul  any  charters  to  bodies 

8 politic  and  corporate,  by  him  or  them  made,  before  that  day; 


10 


9  or  shall  affect  any  sucli  grants  or  charters  since  made  by  this 

« 

10  State,  or  by  persons  acting  under  its  authority j or  shall  impair 

11  the  obligation  of  any  debts  contracted  by  the  State,  or  indi- 

12  viduals,  or  bodies  corporate,  or  any  other  rights  of  property, 

13  or  any  suits,  actions,  rights  of  action,  or  other  proceedings  in 

14  courts  of  justice. 

1 Section  18.  The  right  of  action  now  existing  to  recover 

2 damages  for  injuries  resulting  in  death,  shall  never  be  abro- 

3 gated ; and  the  amount  recoverable  shall  not  be  sufiject  to  any 

4 statutory  limitation. 


y: . : iAiaicLE  II. 

!l  Section  I.  Every  male  citizen  of  the  age  of  twenty-one 

2 years,  who  shall  have  been  a citizen  for  ninety  days,  and  an 

3 inhabitant  of  this  State  one  year  next  preceding  an  election, 

4 and  for  the  last  four  months  a resident  of  the  county,  and  for 

5 the  last  thirty  days  a resident  of  the  election  district  in  which 

6 he  may  offer  his  vote,  shall  be  entitled  to  vote  at  such  election 

7 in  the  election  district  of  which  he  shall  at  the  time  be  a resi- 

8 dent,  and  not  elsewhere,  for  all  officers  that  now  are  or  here- 

9 after  may  be  elective  by  the  people,  and  upon  all  questions 

10  which  may  be  submitted  to  the  vote  of  the  people;  provided 

11  that  in  time  of  war  no  elector  in  the  actual  military  service  of 

12  the  State,  or  of  the  United  States,  in  the  army  or  navy  thereof, 

13  shall  be  deprived  of  his  vote  by  reason  of  his  absence  from 

14  such  election  district;  and  the  Legislature  shall  have  power  to 

15  provide  the  manner  in  which  and  the  time  and  place  at  which 

16  such  absent  electors  may  vote,  and  for  the  return  and  canvass 

17  of  their  votes  in  the  election  districts  in  which  they  respectively 


18  reside. 


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12 


Section  2.  *No  person  who  shall  receive,  accept,  or  offer  to 
receive,  or  pay,  offer  or  promise  to  pay,  .contribute,  offer  or 
promise  to  contribute  to  another,  to  be  paid  or  used,  any 
money  or  other  valuable  thing  as  a compensation  or  reward 
for  the  giving  or  withholding  a vote  at  an  election,  or  v;ho 
shall  make  any  promise  to  influence  the  giving  or  withholding 
any  such  vote,  or  who  shall  make  or  become  directly  or  indi- 
rectly interested  in  any  bet  or  wager  depending  upon  the  result 
of  any  election,  shall  vote  at  such  election;  and  upon  challenge 
for  such  cause,  the  person  so  challenged,  before  the  officers 
authorized  for  that  purpose  shall  receive  his  vote,  shall  swear 
or  affirm,  before  such  officers  that  he  has  not  received  or 
offered,  does  not  expect  to  receive,  has  not  paid,  offered  or 
promised  to  pay,  contributed,  offered  or  promised  to  con- 
tribute to  another,  to  be  paid  or  used,  any  money  or  other 
valuable  thing  as  a compensation  or  reward  for  the  giving  or 
withholding  a vote  at  such  election,  and  has  not  made  any 
promise  to  influence  the  giving  or  withholding  of  any  such 
vote,  nor  made  or  become  directly  or  indirectly  interested  in 


13 


20  any  bet  or  wager  depending  upon  the  result  of  such  election. 

21  The  Legislature  shall  enact  laws  excluding  from  the  right  of 

22  suffrage  all  persons  convicted  of  bribery  or  of  any  infamous 

23  crime,  • 

^ I Section  3.  For  tlie  purpose  of  voting,  no  person  shall  be 

2 deemed  to  have  gained  or  lost  a residence,  by  reason  of  his 

3 presence  or  absence,  while  employed  in  the  service  of  the 

4 United  Statesj  nor  while  engaged  in  the  navigation  of  the 

5 waters  of  this  State,  or  of  the  United  States,  or  of  the  high 

6 seas;  nor  while  a student  of  any  seminary  of  learning;  nor 

7 while  kept  at  any  alms-house  or  other  asylum,  or  institution 

8 wholly  or  partly  supported  at  public  expense  or  by  charity; 

9 nor  while  confined  in  any  public  prison. 

1 Section  4.  Laws  shall  be  made  for  ascertaining,  by  proper 

2 proofs,  the  citizens  who  shall  be  entitled  to  the  right  of  suffrage 

3 hereby  established,  and  for  the  registration  of  voters;  which 

4 registration  shall  be  completed  at  least  ten  days  before  each 

5 election;  Such  registration  shall  not  be  required  for  town  and 


14 


6 village  elections  except  by  express  provision  of  law.  In  cities 

7 and  villages  having  five  thousand  inhabitants  or  more,  accord- 

8 ing  to  the  last  preceding  state  enumeration  of  inhabitants, 

9 voters  shall  be  registered  upon  personal  application  only;  but 

10  voters  not  residing  in  such  cities  or  villages  shall  not  be 

11  required  to  apply  in  person  for  regwtration  at  the  first  meeting 

12  of  the  officers  having  charge  of  the  registry  of  voters. 

r Section  5.  All  elections  by  the  citizens,  except  for  such 

2 town  officers  as  may  by  law  be  directed  to  be  otherwise  chosen, 

3 shall  be  by  ballot,  or  by  such  other  method  as  may  be  pre- 

4 Scribed  by  law,  provided  that  secrecy  in  voting  be  preserved. 

1 Section  6.  All  laws  creating,  regulating  or  aflecting  boards 

2 or  officers  charged  with  the  duty  of  registering  voters,  or  of 

3 distributing  ballots  at  the  polls  to  voters,  or  of  receiving, 

4 recording  or  counting  votes  at  elections,  shall  secure  equal  ^ 

5 representation  of  the  two  political  parties  which,  at  the  general 

6 election  next  preceding  that  for  which  such  boards  or  officers 

7 are  to  serve,  cast  the  highest  and  the  next  highest  number 


8 of  votes.  All  such  boards  and  officers  shall  be.  appointed  or 

9 elected  in  such  manner,  and  upon  the  nomination  of  such 
10  representatives  of  said  parties  respectively,  as  the  Legislature 
II!  may  direct.  Existing  laws  on  this  subject  shall  continue 
12  until  the  Legislature  shall  otherwise  provide.  This  sectioij 
12  shall  not  apply  to  town  meetings,  or  lo  villngc 


2 

1! 

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ARTICLE  III. 

Section  i.  The  legislative  power  of  this  State  shall  be 
vested  in  the  Senate  and  Assembly, 

Section  2.  The  Senate  shall  consist  of  fifty  members, 
except  as  hereinafter  provided.  The  Senators  elected  in  the 
year  one  thousand  eight  hundred  and  ninety-five  shall  hold 
their  offices  for  three  years,  and  their  successors  shall  be  chosen 
for  two  years.  The  Assembly  shall  consist  of  one  hundred 
and  fifty  members  who  shall  be  chosen  for  one  year. 

Section  3.  The  State  shall  be  divided  into  fifty  districts  to 
be  called  senate  districts,  each  of  which  shall  choose  one 
senator.  The  districts  shall  be  numbered  from  one  to  fifty, 
inclusive. 

District  number  one  (i)  shall  consist  of  the  counties  of 
Suffolk  and  Richmond. 

District  number  two  (2)  shall  consist  of  the  county  of 
Queens. 

District  number  three  (3)  shall  consist  of  that  part  of  the 


17 


10  county  of  Kings  comprising  the  first,  second,  third,  fourth, 

11  fifth  and  sixth  wards  of  the  city  of  Brooklyn. 

12  District  number  four  (4)  shall  consist  of  that  part  of  the 

13  county  of  Kings  comprising  the  seventh,  thirteenth,  nineteenth 

14  and  twenty-first  wards  of  the  city  of  Brooklyn. 

15  District  number  five  (5)  shall  consist  of  that  part  of  the 

16  county  of  Kings  comprising  the  eighth,  tenth,  twelfth  and 

17  thirtieth  wards  of  the  city  of  Brooklyn,  and  the  ward  of  the 

18  city  of  Brooklyn  which  was  formerly  the  town  of  Gravesend. 

19  District  number  six  (6)  shall  consist  of  that  part  of  the 

20  county  of  Kings  comprising  the  ninth,  eleventh,  twentieth  and 

21  twenty-second  wards  of  the  city  of  Brooklyn. 

22  District  number  seven  (7)  shall  consist  of  that  part  of  the 

23  county  of  Kings  comprising  the  fourteenth,  fifteenth,  sixteenth 

24  and  seventeenth  wards  of  the  city  of  Brooklyn. 

25  District  number  eight  (8)  shall  consist  of  that  part  of  the 

26  county  of  Kings  comprising  the  twenty-third,  twenty-fourth, 

27  t\venty-fifth  and  twenty-ninth  wards  of  the  city  of  BrooklMi, 

28  and  the  town  of  Flatlands. 

29  District  number  nine  (9)  shall  consist  of  that  part  of  the 

30  county  of  Kings  comprising  the  eighteenth,  twenty-sixth, 

2 


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40 

41 

42 

43 

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45 

46 

47 

48 

49 

50 

51 


18 


twenty-seventh  and  twenty-elghtH  wards  of  the  city  of 
Brooklyn. 

District^  number  ten  (lo)  shall  consist  of  that  part  of  tha 
county  of  New  York  within  and  bounded  by  aline  beginning 
at  Canal  street  and  the  Hudson  river,  and  running  thence 
along  Canal  street,!  Hudson  street,  Dominick  street,  Varick 
street,  Broome  street,  Sullivan  street,  Spring  street,  Broadway, 
Canal  street,  the  Bowery,  Division  street.  Grand  street  and 
Jackson  street,  to  the  East  river  and  thence  around  the 
southern  end  of  Manhattan  Island,  to  the  place  of  beginning, 
and  also  Governor’s,  Bedlow’s  and  Ellis  islands. 

District  number  eleven  (il)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  ten,  and 
within  and  bounded  by  a line  beginning  at  the  junction  of 
Broadway  and  Canal  street,  and  running  thence  along  Broad- 
way, Fourth  street,  the  Bowery  and  Third  avenue,  St  Mark’s 
place.  Avenue  A,  Seventh  street.  Avenue  B,  Clinton  street, 
Rivington  street,  Norfolk  street,  Division  street.  Bowery  and 
Canal  street,  to  the  place  of  beginning. 

District  number  twelve  (12)  shall  consist  of  that  part  of  tlie 
county  of  New  York  lying  north  of  districts  numbers  ten  and 


19 


52  eleven  and  within  and  bounded  by  a line  beginning  at  Jackson 

53  street  and  the  East  river,  and  running  thence  through  Jackson 

54  street,  Grand  street,  Division  street,  Norfolk  street,  Riving- 

55  ton  street,  Clinton  street,  Avenue  B,  Seventh  street.  Avenue  A, 

56  St.  Mark’s  place.  Third  avenue.  East  Fourteenth  street  to  the 

57  East  river,  and  along  the  East  river,  to  the  place  of  beginning. 

58  District  number  thirteen  (13)  shall  consist  of  that  part  of 

59  the  county  of  New  York  lying  north  of  district  number  ten, 

60  and  within  and  bounded  by  a line  beginning  at  the  Hudson 

61  river  at  the  foot  of  Canal  street,  and  running  thence  along 

62  Canal  street,  Hudson  street,  Dominick  street,  Varick  street, 

63  Broome  street,  Sullivan  street.  Spring  street,  Broadway,  Fourth 

64  street,  the  Bowery  and  Third  avenue,  Fourteenth  street.  Sixth 

65  avenue.  West  Fifteenth  street.  Seventh  avenue.  West  Nine- 

66  teenth  street.  Eighth  avenue.  West  Twentieth  street,  and  the 

67  Hudson  river,  to  the  place  of  beginning. 

68  District  number  fourteen  (14)  shall  consist  of  that  part  of 

69  the  county  of  New  York  lying  north  of  districts  numbers 

70  twelve  and  thirteen,  and  within  and  bounded  by  a line  begin- 

71  ning  at  East  Fourteenth  street  and  the  East  river,  and  running 

72  thence  along  East  Fourteenth  street,  Irving  place.  East 


20 


73  Nineteenth  street,  Third  avenue,  East  Tvs^enty-third  street, 

74  Lexington  avenue,  East  Fifty-third  street.  Third  avenue.  East 

75  Fifty-second  street,  and  the  East  river  to  the  place  of 

76  beginning. 

77  District  number  fifteen  (15)  shall  consist  of  that  part  of  the 

78  county  of  New  York  lying  north  of  district  number  thirteen, 

79  and  within  and  bounded  by  a line  beginning  at  the  junction  of 

80  West  Fourteenth  street  and  Sixth  avenue,  and  running  thence 

81  along  Sixth  avenue.  West  Fifteenth  street.  Seventh  avenue, 

82  West  Fortieth  street,  Eighth  avenue,  and  the  transverse  road 

83  across  Central  park  at  Ninety-seventh  street.  Fifth  avenue.  East 

84  Ninety-sixth  street,  Lexington  avenue,  East  Twenty-third 

85  street.  Third  avenue.  East  Nineteenth  street,  Irving  place  and 

86  Fourteenth  street,  to  the  place  of  beginning. 

87  District  number  sixteen  (16)  shall  consist  of  that  part  of  tlie 

88  county  of  New  York  lying  north  of  district  number  thirteen, 

89  and  within  and  bounded  by  a line  beginning  at  Seventh  avenue. 

90  and  West  Nineteenth  street,  and  running  thence  along  West 

91  Nineteenth  street.  Eighth  avenue,  West  Twentieth  street,  the 

92  Hudson  river.  West  Forty-sixth  street,  Tenth  avenue-  West 


21 


93  Forty-third  street,  Eighth  n-veniie.  West  Fortieth  Strcet  and 

94  Seventh  avenue,  to  the  place  of  beginning. 

95  District  number  seventeen  (17)  shall  consist  of  that  part  of 

96  the  county  of  New  York  lying  north  of  district  number  six- 

97  teen,  and  within  and  bounded  by  a line  beginning  at  the 

98  junction  of  Eighth  avenue  and  West  Forty-third  street,  and 

99  running  thence  along  West  Forty-third  street,  Tenth  avenue, 

100  West  Forty-sixth  street,  the  Hudson  river.  West  Eighty-ninth 

101  street,  Tenth  or  Amsterdam  avenue.  West  Eighty-sixth  street, 

102  Ninth  or  Columbus  avenue,  West  Eighty-first  street  and 

103  Eighth  avenue,  to  the  place  of  beginning. 

104  District  number  eighteen  (18)  shall  consist  of  that  part  of 

105  the  county  of  New  York  lying  north  of  district  number  four- 

106  teen,  and  within  and  bounded  by  a line  beginning  at  the  junc- 

107  tion  of  East  Fifty-second  street  and  the  East  river,  and  running 

108  thence  along  East  Fifty-second  street,  Third  avenue.  East 

109  Fifty-third  street,  Lexington  avenue,  East  Eiglit}  -fourtli  street, 
no  Second  avenue.  East  Eighty-third  street  and  the  East  river, 

111  to  the  place  of  beginning;  and  also  Blackwell’s  island. 

1 12  District  number  nineteen  (19)  shall  consist  of  that  part  of 

1 13  the  county  ot  New  York  lying  nortli  of  district  number  seven- 


114 

1 15 

ii6 

1 17 

118 

119 

120 

i^i 

122 

123 

124 

125 

126 

127 

128 

129 

130 

131 

132 

133 

134 


22 


teen,  and  within  and  bounded  by  a line  b'eginningf  at  West 
Eighty-ninth  street  and  the  Hudson  river,  and  running  thence 
along  the  Hudson  river  and  Spuyten  Duyvil  creek  around  the 
northern  end  of  Manhattan  island;  thence  southerly  along 
the  Harlem  river  to  the  north  end  of  Fifth  avenue;  thence 
along  Fifth  avenue,  East  One  Hundred  and  Twenty-nintH 
street,  Fourth  or  Park  avenue,  East  One  Flundred  and  Tenth 
street.  Fifth  avenue,  the  transverse  road  across  Central  park  at 
Ninety-seventh  street,  Eighth  avenue.  West  Eighty-first  street, 
Ninth  or  Columbus  avenue.  West  Eighty-sixth  street.  Tenth' 
or  Amsterdam  avenue  and  West  Eighty-ninth  street,  to  the 
place  of  beginning. 

. District  number  twenty  (20)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  eighteen 
and  fifteen,  and  within  and  bounded  by  a line  beginning  at 
East  Eighty-third  street  and  the  East  river,  running  thence 
through  East  Eiglity-third  street.  Second  avenue,  East  Eighty- 
fourth  street,  Lexington  avenue,  East  Ninety-sixth  street, 
Fifth  avenue,  East  One  Hundred  and  Tenth  street,  Fourth  or 
Park  avenue.  East  One  Hundred  and  Nineteenth  street  to  the 
Hai’lem  river,  and  along  the  Harlem  and  East  rivers,  to  the 


23 


135  place  of  beginning;  and  also  Randall’s  island  and  Ward’s 

136  island. 


137  All  of  the  above  districts  In  the  county  of  New  York 

138  bounded  upon  or  along  the  boundary  waters  of  the  county, 

139  shall  be  deemed  to  extend  to  the  county  line. 

140  District  number  twenty-one  (21)  shall  consist  of  that  part 

141  of  the  county  of  New  York  lying  north  of  districts  numbers 

142  nineteen  and  twenty,  within  and  bounded  by  a line  beginning 
,143  at  East  One  Hundred  and  Nineteenth  street  and  the  Harlem 

144  river,  and  running  thence  along  East  One  Hundred  and 

145  Nineteenth  street,  Fourth  or  Park  avenue,  One  Hundred  and 

146  Twenty-ninth  street.  Fifth  avenue  and  the  Harlem  river,  to 

147  tfie  place  of  beginning;  and  all  that  part  of  the  county  of  New 

148  York  not  hereinbefore  described. 


149 

150 


District  number  twenty-two  (22)  shall  consist  of  the  coun 

D 

of  Westchester. 


15 1 District  number  twenty-three  (23)  sliall  consist  of  the 

152  counties  of  Orange  and  Rockland. 


153  District  number  twenty-four  (24)  shall  consist  of  the  coun- 

154  ties  of  Dutchess,  Columbia  and  Putnam. 


155 

156 

157 

158 

159 

i6o 

i6i 

162 

163 

164 

165 

166 

167 

168 

>169 

170 

171 

172 

m 

^74 


24 


District  number  twenty-five  (25)  shall  consist  of  the  counties 
of  Ulster  and  Greene.  ,i- 

District  number  twenty-six  (26)  shall  consist  of  the  counties 
of  Delaware,  Chenango  and  Sullivan. 

District  number  cwenty-seven  (27)  shall  consist  of  the 
counties  of  Montgomery,  Fulton,  Hamilton  and  Schoharie. 

District  number  twenty-eight  (28)  shall  consist  of  the 
counties  of  Saratoga,  Schenectady  and  Washington. 

District  number  twenty-nine  (29)  shall  consist  of  the  county 
of  Albany. 

District  number  thirty  (30)  shall  consist  of  the  county  of 
Rensselaer. 

District  number  thirty-one  (31)  shall  consist  of  the*  counties 
of  Clinton,  Essex  and  Warren. 

District  number  thirty-two  (32)  shall  consist  of  the  counties 
of  St.  Lawrence  and  Franklin. 

District  number  thirty-three  (33)  shall  consist  of  the  counties 
of  Otsego  and  Herkimer. 

District  number  thirty-four  (34)  shall  consist  of  the  county 


of  Oneida. 


25 


175  District  number  thirty-five  (35)  shall  consist  of  the  counties 

176  of  Jefferson  and  Lewis. 

177  District  number  thirty-six  (36)  shall  consist  of  the  county  of 
1178  Onondaga.  ' 

179  District  number  thirty-seven  (37)  shall  consist  of  the  counites 

180  of  Oswego  and  Madison.  , 

181  ^ District  number  thirty-eight  (38)  shall  consist  of  the  counties 

182  of  Broome,  Cortland  and  Tioga. 

183  District  number  thirty-nine  (39)  shall  consist  of  the  counties 

184  of  Cayuga  and  Seneca. 

185  District  number  forty  (40)  shall  consist  of  the  counties  of 

186  Chemung,  Tompkins  and  Schuyler. 

187  District  number  forty-one  (41)  shall  consist  of  the  counties 

« 

188  of  Steuben  and  Yates. 

189  District  number  forty-tw(^  (42)  shall  consist  of  the  counties 

190  of  Ontario  and  Wayne. 

191  District  number  forty-tliree  (43)  shall  consist  of  that  part  of 

192  the  county  of  Monroe  comprising  the  towns  of  Brighton, 

193  Henrietta,  Irondequoit,  Mendon,  Penrield,  Perinton,  Pittsford, 

194  Rush  and  Webster,  and  the  fourth,  sixth,  seventh,  eighth, 

195  twelfth,  thirteenth,  fourteenth,  sixteenth,  seventeenth  and 


196 

197 

iqS 

199 

200 

201 

202 

203 

204 

205 

206 

207 

208 

209 

^210 

211 

212 

213 

214 

2T5 


2G 


eighteenth  wards  of  the  city  of  Rochester,  as  at  present 
constituted. 

District  number  forty-four  (44)  shall  consist  of  that  part  of 
of  the  county  of  Monroe  comprising  the  towns  of  Chili,  Clark- 
son, Gates,  Greece,  Hamlin,  Ogden,  Parma,  Riga,  Sweden  and 
Wheatland,  and  the  first,  second,  third,  fifth,  ninth,  tenth, 
eleventh,  fifteenth,  nineteenth  and  twentieth  wards  of  the  city 
of  Rochester,  as  at  present  constituted. 

District  number  forty-five  (45)  sliall  consist  of  the  counties 
of  Niagara,  Genesee  and  Orleans. 

District  number  forty-six  (46)  shall  consist  of  the  counties 
of  Allegany,  Livingston  and  Wyoming. 

District  number  forty-seven  (47)  shall  consist  of  that  part  of 
the  county  of  Erie  comprising  the  first,  second,  third,  sixth, 
fifteenth,  nineteenth,  twentieth,  twenty-first,  twenty-second, 
twenty-third  and  twenty-fourth  wards  of  the  city  of  Buffalo, 
as  at  present  constituted. 

District  number  forty-eight  (4S)  shall  consist  of  that  part 
of  the  county  of  Eric  comprising  the  fourth,  fifth,  seventh, 
.eighth,  ninth,  tenth,  eleventh,  twelfth,  thirteenth,  fourteenth 


2i6 

217, 

218 

219 

220 

221 

222 

223 

224 

I 

2 

3 

4 

5 

6 

7 

8 

9 

10 

II 

12 

* 


27 

# 

and  sixteenth  wards  of  the  city  of  Buffalo,  as  at  present 
constituted.  ^ 

District  number  forty-nine  (49)  shall  consist  of  that  part  of 
the  county  of  Erie  comprising  the  seventeenth,  eighteenth  and 
twenty-fifth  wards  of  the  city  of  Buffalo,  as  at  present  consti- 
tuted; and  all  the  remainder  of  the  said  county  of  Erie  not 
hereinbefore  described. 

District  number  fifty  (50)  shall  consist  of  the  counties  of 
Chautauqua  and  Cattaraugus. 

Section  4.  An  enumeration  of  the  inhabitants  of  the  State 
shall  be  taken  under  the  direction  of  the  Secretary  of  State, 
during  the  months  of  Alay  and  June,  in  the  year  one  thou- 
sand nine  hundred  and  five,  and  in  the  same  months  every 
tenth  year  thereafter;  and  the  said  districts  vshall  be  so  altered 
by  the  Legislature  at  the  first  regular  session  after  the  return 
of  every  enumeration,  that  each  senate  district  shall  contain 
as  nearly  as  may  be  an  equal  number  of  inhabitants,  excluding 
aliens,  and  be  in  as  compact  form  as  practicable,  and  shall 
remain  unaltered  until  the  return  of  another  enumeration,  and 
shall  at  all  times,  consist  of  contiguous  territory,  and  no  county 
shall  be  divided  In  the  formation  of  a senate  district  except  to 


28 

13  make  two  or  more  senate  disti'icts  wholly  in  such  county. 

14  No  town,  and  no  block  in  a city  inclosed  by  streets  or  public 

15  ways,  shall  be  divided  in  the  formation  of  senate  districts; 

16  nor  shall  any  district  contain  a greater  excess  in  population 

17  over  an  adjoining  district  in  the  same  county,  than  the  popu- 

18  lation  of  a town  or  block  therein,  adjoining  such  district. 

19  Counties,  towns  or  blocks  which,  from  their  location,  may  be 

20  included  in  either  of  two  districts,  shall  be  so  placed  as  to 

21  make  said  districts  most  nearly  equal  in  number  if  inhabit- 

22  ants,  excluding  aliens. 

23  No  county  shall  have  four  or  more  senators  unless  it  shall 

24  have  a full  ratio  for  each  senator.  No  county  shall  liavc  more 

25  than  one-third  of  all  the  senators;  and  no  two  counties  or  the 

26  territory  thereof  as  now  organized,  which  are  adjoining  coun- 

27  ties,  or  which  are  separated  only  by  public  waters,  shall  have 

28  more  than  one-half  of  all  the  senators. 

29  The  ratio  for  apportioning  senators  shall  always  be  obtained 

30  by  dividing  the  number  of  inhabitants,  excluding  aliens,  by 

31  fifty,  and  the  Senate  shall  always  be  composed  of  fifty  mem- 

32  bers,  except  that  if  any  county  having  three  or  more  senators 

33  at  the  time  of  any  apportionment  shall  be  entitled  on  sucii 


34 

35 

36 

37 

I 

o 

3 

4 

5 

6 

7 

8 

9 

10 

IT 

12 

13 

T4 

15 

1 6* 

17 


29 


ratio  to  an  additional  senator  or  senators,  such  additional 
senator  or  senators  shall  be  given  to  such  county  in  addition 
to  the  fifty  senators,  and  the  v;holc  number  of  senators  shall 
be  ina'eased  to  that  extent. 

Section  5.  The  members  of  the  Assembly  shall  be  chosen 
by  single  districts,  and  shall  be  apportioned  by  the  Legislature 
at  the  first  regular  session  after  the  return  of  every  enumera- 
tion among  the  several  counties  of  the  State,  as  nearly  as  may 
be  according  to  the  number  of  their  respective  inhabitants, 
excluding  aliens.  Ever}'  county  heretofore  established  and 
separately  organized,  except  the  county  of  Hamilton,  shall 
always  be  entitled  to  one  member  of  assembly,  and  no  county 
shall  hereafter  be  erected  unless  its  population  shall  entitle  it 
to  a member.  The  county  of  Hamilton  shall  elect  with  the 
count}-  of  Fulton,  until  the  population  of  the  county  of  Elam- 
ilton  shall,  according  to  the  ratio,  entitle  it  to  a member.  But 
the  Legislature  may  abolish  the  said  county  of  Hamilton  and 
annex  the  territory  thereof  to  some  other  county  or  counties. 

The  quotient  obtained  by  dividing  the  whole  number  of 
inhabitants  of  the  State,  excluding  aliens,  by  the  numbver  of 
members  of  assembly,  shall  be  the  ratio  for  apportionment, 


30 


18  which  shall  be  made  as  follows:  One  member  of  assembly 

19  shall  be  apportioned  to  evtiry  county,  including  Fulton  and 

20  Hamilton  as  one  county,  containing  less  than  the  ratio  and 

21  one-half  over.  Two  members  shall  be  apportioned  to  every 

22  other  county.  The  remaining  members  of  assembly  shall  be 

23  apportioned  to  the  counties  having  more  than  two  ratios 

24  a according  to  the  number  of  inhabitants,  excluding  aliens. 

25  Members  apportioned  on  remainders  shall  be  apportioned  to 

26  the  counties  having  the  highest  remainders  in  the  order 

27  thereof  respectively.  No  county  shall  have  more  members  of 

28  assembly  than  a county  having  a greater  number  of  inhab- 

29  itaiits,  excluding  aliens. 

30  Until  after  the  next  enumeration,  members  of  the  Assembly 

31  shall  be  apportioned  to  the  several  counties  as  follows; 

32  Albany  county,  four  members;  Allegany  county,  one  member; 

33  Broome  county,  two  members;  Cattaraugus  county,  two  mem- 

34  bers;  Cayuga  county,  two  members;  Chautauqua  county, 

35  two  members;  Chemung  county,  one  member;  Chenango 

36  county,  one  member;  Clinton  county,  one  member;  Columbia 

37  county,  one  member;  Cortland  county,  one  member;  Dela- 

38  ware  county,  one  member;  Dutchess  county,  two  members; 


31 


f39  Ene'  coun?y,  leigHt'  members;  Essex  county,  one  member; 

I 

f 40  Franklin  county,  one  member;  Fulton  and  Hamilton  coun- 

jdeSj  one  member;  Genesee  county,  one  member;  Greene 

•42  county,  one  member;  Herkimer  county,  one  member;  Jeffer- 
s' 

43  son  county,  two  members;  Kings  county,  twenty-one  mem- 

44  bers;  Lewis  county,  one  member;  Livingston  county,  one 

45  member;  Madison  county,  one  member;  Monroe  county,  four 

46  members;  Montgomery  county,  one  member;  New  York 
47j  county,  thirty-five  members;  Niagara  county,  two  members; 
4a  Dneida  county,  three  members;  Onondaga  county,  four  mem- 

49  bers;  Ontario  county,  one  member;  Orange  county,  two 

50  members;  Orleans  county,  one  member;  Oswego  county, 
'5I'  two  members;  Otsego  county,  one  member;  Putnam  county, 

52  one  member;  Queens  county,  three  members;  Rensselaer 

53  county,  three  members;  Richmond  county,  one  member; 

54  Rockland  county,  one  m.ember;  St.  Lawrence  county,  two 

55  members;  Saratoga  county,  one  member;  Schenectady  county, 

56  one  member;  Schoharie  county,  one  member;  Schuyler 

57  county,  one  member;  Seneca  county,  one  member;  Steuben 
'58  county,  two  members;  Suffc.ik  county,  two  members;  Sul- 
59  livan  county,  one  member;  Tioga  county,  one  member; 


60  Tompkins  county,  one  member;  Ulster  county,  two  members; 

61  Warren  county,  one  member;  Washington  county,  one  mem- 

62  ber;  Wayne  county,  one  member j Westchester  county,  three 

63  members;  Wyoming  county,  one  member,  and  Yates  county, 

64  one  member. 

65  In  any  county  entitled  to  more  than  one  member,  the  board 

66  of  supervisors,  and  in  any  city  embracing  an  entire  county 

67  and  having  no  board  of  supervisors,  the  common  council,  or 

68  if  there  be  none,  the  body  exercising  the  powers  of  a common 

69  council,  shall  assemble  on  the  second  Tuesday  of  June,  one 

70  thousand  eight  hundred  and  ninety-five,  and  at  such  times  as 

71  the  Legislature  making  an  apportionment  shall  prescribe,  and 

72  divide  such  counties  into  assembly  districts  as  nearly  equal  in 

73  number  of  inhabitants,  excluding  aliens,  as  may  be,  of  conve- 

74  nient  and  contiguous  territory  in  as  compact  form  as  prac- 

75  ti cable,  each  of  which  shall  be  wholly  within  a senate  district 

76  formed  under  the  same  apportionment,  equal  to  the  number 

77  of  members  of  assembly  to  which  such  county  shall  be  cnti- 

78  tied,  and  shall  cause  to  be  filed  in  the  office  of  the  Secretary 

79  of  State  and  of  the  clerk  of  such  county,  a description  of  such 

80  districts,  specifying  the  number  of  each  district  and  of  tlie 


8i 

82 

83 

84 

85 

86 

87 

88 

89 

90 

91 

92 

93 

94 

95 

96 

97 

98 

99 

100 

iOl 


33 


inhabitants  thereof,  excluding  aliens,  according  to  the  last 
preceding  enumeration;  and  such  apportionment  and  districts 
shall  remain  unaltered  untfl  another  enumeration  shall  be 
made,  as  herein  provided;  but  said  division  of  the  city  of 
Brooklyn  and  the  county  of  Kings  to  be  made  on  the  second 
Tuesday  of  June,  one  thousand  eight  hundred  and  ninety- 
five,  shall  be  made  by  the  common  council  of  said  city  and 
the  board  of  supervisors  of  said  county,  assembled  in  joint 
session.  In  counties  having  more  than  one  senate  district,  the 
same  number  of  assembly  districts  shall  be  put  in  each  senate 
district,  unless  the  assembly  districts  cannot  be  evenly  divided 
among  the  senate  districts  of  any  county,  in  which  case  one 
more  assembly  district  shall  be  put  in  the  senate  district  in 
such  county  having  the  largest,  or  one  less  assembly  district 
shall  be  put  in  the  senate  dish'ict  in  such  county  having  the 
smallest  number  of  inhabitants,  excluding  aliens,  as  the  case 
may  require.  No  town,  and  no  block  in  a city  inclosed  by 
streets  or  public  ways,  shall  be  divided  in  the  formation  of 
assembly  districts,  nor  shall  any  district  ^ contain  a greater 
excess  in  population  over  an  adjoining  district  in  tlie  same 
senate  district,  than  the  population  of  a town  or  block  therein 


3 


102 

103 

104 

105 

io6 

107 

108 

109 

no 

III 

112 

113 

114 

115 

116 

117 

118 

119 

120 

I 


34 


adjoining  such  assembly  district.  Towns  or  blocks  whicK, 
from  their  location,  may  be  included  in  either  of  two  districts, 
shall  be  so  placed  as  to  make  said  districts  most  nearly  equal 
in  number  of  inhabitants,  excluding  aliens;  but  in  the  division 
of  cities  under  the  first  apportionment,  regard  shall  be  had  to 
the  number  of  inhabitants,  excluding  aliens,  of  the  election 
districts  according  to  the  state  enumeration  of  one  thousand 
eight  hundred  and  ninety-two,  so  far  as  may  be,  instead  of 
blocks.  Nothing  in  this  section  shall  prevent  the  division,  at 
any  time,  of  counties  and  towns,  and  the  erection  of  new  towns 
by  the  Legislature. 

An  apportionment  by  the  Legislature,  or  other  body,  shall 
be  subject  to  review  by  the  supreme  court,  at  the  suit  of  any 
citizen,  under  such  reasonable  regulations  as  the  Legislature 

ff 

may  prescribe;  and  any  court  before  which  a cause  may  be 
pending  involving  an  apportionment,  shall  give  precedence 
thereto  over  all  other  caf!ses  and  proceedings,  and  if  said  court 
be  not  in  session  it  shall  convene  promptly  for  the  disposition 
of  the  same. 

Section  6.  Each  member  of  the  Legislature  shall  receive 
for  his  services  an  annual  salary  of  one  thousand  five  hundred 


35 


3 "dollars.  The  members  of  either  house  shall  also  receive  the 

4 sum  of  one  dollar  for  every  ten  miles  they  shall  travel  in  going 

5 to  and  returning  from  their  place  of  meeting,  once  in  each  ses- 

6 sion,  on  the  most  usual  route.  Senators,  when  the  Senate 

7 alone  is  convened  in  extraordinary  session,  or  when  serving  as 

8 members  of  the  Court  for  the  Trial  of  Impeachments,  and 

9 such  members  of  the  Assembly,  not  exceeding  nine  in  num- 

10  ber,  as  shall  be  appointed  managers  of  an  impeachment,  shall 

11  receive  an  additional  allowance  of  ten  dollars  a day. 

1 Section  7.  No  member  of  the  Legislature  shall  receive  any 

2 civil  appointment  within  this  State,  or  the  Senate  of  the  United 

3 States,  from  the  Governor,  the  Governor  and  Senate,  or  from 

4 the  Legislature,  or  from  any  city  government,  during  the  time 
d5  for  which  he  shall  have  been  elected;  and  all  such  appoint- 

6 ments  and  all  votes  given  for  any  such  member  for  any  such 

7 office  or  appointment  shall  be  void. 

1 Section  8.  No  person  .shall  be  eligible  to  the  Legislature, 

2 who  at  the  time  of  his  election,  is,  or  within  one  hundred  days 

3 previous  thereto  has  been,  a member  of  Congress,  a civil  or 

D 

4 military  oiheer  under  the  United  States,  or  kn  officer  under 


36 


5 any  city  government.  And  if  any  person  shall,  after  his  elec- 

6 tion  as  a member  of  the  Legislature,  be  elected  to  Congress, 

# 

7 or  appointed  to  any  office,  civil  or  military,  under  the  govern- 

8 meiit  of  the  United  States,  or  under  any  city  government,  his 

9 acceptance  thereof  shall  vacate  his  seat 

1 Section  9.  The  elections  of  senators  and  members  of  assem- 

2 bly,  pursuant  to  the  provisions  of  this  Constitution,  shall  be 

3 held  on  the  Tuesday  succeeding  the  first  Monday  of  Novein- 

4 ber,  unless  otherwise  directed  by  the  Legislature. 

1 Section  10.  A majority  of  each  house  shall  constitute  'a 

2 quorum  to  do  business.  Each  house  shall  determine  the  rules 

3 of  its  own  proceedings,  and  be  the  judge  of  the  elections, 

4 returns  and  qualifications  of  its  own  members;  shall  choose 

5 its  own  officers;  and  the  Senate  shall  choose  a temporary 

6 president  to  preside  in  case  of  the  absence  or  impeachment  of 

7 the  Lieutenant-Governor,  or  when  he  shall  refuse  to  act  as 

8 president,  or  shall  act  as  Governor, 

1 Section  ii.  Each  house  shall  keep  a journal  of  its  proceed- 

2 ings,  and  publish  the  same,  except  such  parts  as  may  require 


37 


3 secrecy.  The  doors  of  each  house  shall  be  kept  open,  except 

4 when  the  public  welfare  shall  require  secrecy.  Neither  house 

5 shall,  without  the  consent  of  the  other,  adjourn  for  more  than 

6 two  days.  ' 

1 Section  I2.  For  any  speech  or  debate  in  either  house  c"i 

2 the  Legislature,  the  members  shall  not  be  questioned  in  any 

3 other  place. 

1 Section  13.  Any  bill  may  originate  in  either  house  of  the 

2 Legislature,  and  all  bills  passed  by  one  house  may  be  amended 

3 by  the  other. 

1 Section  14.  The  enacting  clause  of  all  bills  shall  be  “The 

2 People  of  the  State  of  New  York,,  represented  in  Senate  and 

3 Assembly,  do  enact  as  follows,*^  and  no  law  shall  be  enacted 

4 except  by  bill. 

1 Section  15.  No  bill  shall  be  passed  or  become  a law  unless 

2 it  shall  have  been  printed  and  upon  the  desks  of  the  mem- 

3 bers,  in  its  final  form,  at  least  three  calendar  legislative  days 

4 prior  to  its  final  passage,  unless  the  Governor,  or  the  acting 

5 Governor,  shall  have  certified  to  the  necessity  of  its  immediate 


6 passage,  under  his  hand  and  the  seal  of  the  State;  nor  sHall 

7 any  bill  be  passed  or  become  a law,  except  by  the  assent  of  a 

8 majority  of  the  members  elected  to  each  branch  of  the  Legis- 

9 lature;  and  upon  the  last  reading  of  a bill,  no  amendment 

10  thereof  shall  be  allowed,  and  the  question  upon  its  final  pas- 

11  sage  shall  be  taken  immediately  thereafter,  and  the  yeas  and 

12  nays  entered  on  the  journal. 

1 Section  i6.  No  private  or  local  bill,  which  may  be  passed 

2 by  the  Legislature,  shall  embrace  more  than  one  subject,  and 

3 that  shall  be  expressed  in  the  title. 


1 Section  17.  No  act  shall  be  passed  which  shall  provide  that 

2 any  existing  law,  or  any  part  thereof,  shall  be  made  or  deemed 

3 a part  of  said  act,  or  which  shall  enact  that  any  existing  law, 

4 or  part  thereof,  shall  be  applicable,  except  by  inserting  it  in 

5 such  act. 


1 Section  18.  The  Legislature  shall  not  pass  a private  or 

2 local  bill  in  any  of  the  following  cases  : 

3 Changing  the  names  of  persons. 

4 Laying  out,  opening,  altering,  working  or  discontinuing 

5 roads,  highways  or  alleys,  or  for  draining  swamps  or  other 

6 low  lands. 


39 


Locating  or  changing  county  seats. 

8 Providing  for  changes  of  venue  in  civil  or  criminal  cases.  ] 

9 Incorporating  villages. 

10  Providing  for  election  of  members  of  boards  of  supervisors. 

11  Selecting,  drawing,  summoning  or  impaneling  grand  or 

12  petit  jurors. 

13  ^ Regulating  the  rate  of  interest  on  money. 

14  The  opening  and  conducting  of  elections  or  designating 

15  places  of  voting. 

16  Creating,  increasing  or  decreasing  fees,  percentage  or  allow- 

17  anccs  of  public  officers,  during  the  term  for  which  said  officers 

18  are  elected  or  appointed. 

19  Granting  to  any  corporation,  association  or  individual  the 

20  right  to  lay  down  railroad  tracks. 

21  Granting  to  any  private  corporation,  association  or  individ- 

22  ual  any  exclusive  privilege,  immunity  or -franchise  whatever. 

23  Providing  for  building  bridges,  and  chartering  companies 

24  for  such  purposes,  except  on  the  Hudson  river  below  Water- 

25  ford,  and  on  the  East  river,  or  over  the  waters  forming  a part 

26  of  the  boundaries  of  the  State. 


27 

28 

29 

30 

31 

32 

33 

34 

35 

3^ 

37 

38 

39 

40 

41 

42 

43 

I 

2 

3 

4 


40 

« 

The  Leg-islaturc  shall  pass  general  laws  providing  for  the 
cases  enumerated  in  this  section,  and  for  all  other  cases  which 
in  its  judgment  may  be  provided  for  by  general  la\vs.  But  no 
law  shall  authorize  the  construction  or  operation  of  a street 
railroad  except  upon  the  condition  that  the  consent  of  the 
owners  of  one-half  in  value  of  the  property  bounded  on,  and 
the  consent  also  of  the  local  authorities  having  the  control  of, 
that  portion  of  a street  or  highway  upon  which  it  is  proposed 
to  construct  or  operate  such  railroad  be  first  obtained,  or  in 
case  the  consent  of  such  property  owners  cannot  be  obtained, 
the  Appellate  Division  of  the  Supreme  Court,  in  the  depart- 
ment in  which  it  is  proposed  to  be  constructed,  may,  upon 
application,  appoint  three  commissioners  who  shall  determine, 
after  a hearing  of  all  parties  interested,  whether  such  railroad 
ought  to  be  constructed  or  op' crated,  and  their  determination, 
confirmed  by  the  court,  may  be  taken  in  lieu  of  the  consent 
of  the  propert}^  owners. 

Section  19.  The  Legislature  shall  neither  audit  nor  allow 
any  private  claim  or  account  against  the  State,  but  may  appro- 
priate money  to  pay  such  claims  as  shall  have  been  audited  and 
allowed  according  to  law. 


I 

2 

3 

I 

2 

3 

4 

5 

6 

1 

8 

9 

10 

I 

2 

3 

4 

5 


41 


Section  20.  The  assent  of  two-thirds  of  the  members 
elected  to  each  branch  of  the  Legislature  shall  be  requisite  to 
every  bill  appropriating  the  public  moneys  or  property  for 

j 

local  or  private  purposes. 

Section  21.  No  money  shall  ever  be  paid  out  of  the  treas- 
ury of  this  State,  or  any  of  its  funds,  or  any  of  the  funds  under 
its  management,  except  in  pursuance  of  an  appropriation  by 
law;  nor  unless  such  payment  be  made  within  two  years  next 
after  the  passage  of  such  appropriation  actj  and  every  such 
law  making  a new  appropriation,  or  continuing  or  reviving 
an  appropriation,  shall  distinctly  specify  the  sum  appropriated, 
and  the  object  to  which  it  is  to  be  applied;  and  it  shall  not  be 
sufficient  for  such  law  to  refer  to  any  other  law  to  fix  such 
sum.  / 

Section  22.  No  provision  or  enactment  shall  be  embraced 
in  the  annual  appropriation  or  supply  bill,  unless  it  relates 
specifically  to  some  particular  appropriation  in  the  bill;  and 

any  such  provision  or  enactment  shall  be  limited  in  

tion  to  such  appropriation. 


I 

2 

3 

4 

5 

I 

2 

3 

4 

I 

2 

3 

4 

5 

6 

7 

8 

9 

I 

2 


Section  23.  Sections  seventeen  and  eighteen  of  this  article 
shall  not  apply  to  any  bill,  or  the  amendments  to  any  bill, 
which  shall  be  reported  to  the  Legislature  by  commissioners 
who  have  been  appointed  pursuant  to  law  to  revise  the 
statutes. 

Section  24.  Every  law  which  imposes,  continues  or  revives 
a tax  shall  distinctly  state  the  tax  and  the  object  to  which  it 
is  to  be  applied,  and  it  shall  not  be  sufficient  to  refer  to  any 
other  law  to  fix  such  tax  or  object  . ' 

Section  25.  On  the  final  passage,  in  either  house  of  the 
Legislature,  of  any  act  which  imposes,  continues  or  revives 
a tax,  or  creates  a debt  or  charge,  or  makes,  continues  or 
revives  any  appropriation  of  public  or  trust  money  or  property, 
or  releases,  discharges  or  commutes  any  claim  or  demand  of 
the  State,  the  question  shall  be  taken  by  yeas  and  nays,  which 
shall  be  duly  entered  upon  the  journals,  and  three-fifths  of  all 
the  members  elected  to  either  house  shall,  in  all  such  cases,  be 
necessary  to  constitute  a quorum  therein. 

Section  26.  There  shall  be  in  the  several  counties,  except 
in  cities  whose  boundaries  are  the  same  as  those  of  the  county, 


43 


* 

3 a board  of  supervisors,  to  be  composed  of  sucH  members, 

4 and  elected  in  such  manner,  and  for  such  period,  as  is  or  may 

5 be  provided  by  law.  In  any  such  city  the  duties^  and  powers 

6 of  a board  of  supervisors  may  be  devolved  upon  the  common 
^ council  or  board  of  aldermen  thereof. 

I'  ! Section  27.  The  Legislature  shall,  by  general  laws,  confer 

2 upon  the  boards  of  supervisors  of  the  several  counties  of  the 

3 State  such  further  powers  of  local  legislation  and  administra- 

4 tion  as  the  Legislature  may  from  time  to  time  deem  expedient. 

l  Section  28.  The  Legislature  shall  not,  nor  shall  the  com- 
j/''  2 mon  council  of  any  .city,  nor  any  board  of  supervisors,  grant 

3 any  extra  compensation  to  any  public  officer,  servant,  agent 

4 or  contractor.  . \ 

1 Section  29.  The  Legislature  shall,  by  law,  provide  for  the 

2 occupation  and  employment  of  prisoners  sentenced  to  the 

3 several  state  prisons,  penitentiaries,  jails  and  reformatories  in 

4 the  State;  and  on  and  after  the  first  day  of  January,  in  the 

5 year  one  thousand  eight  hundred  and  ninety-seven,  no  person 

6 in  any  such  prison,  penitential*}",-  jail  or^reformatory,  shall  be 

7 required  or  allowed  to  work,  while  under  sentence  thereto,  at 


44: 


B any  trade,  industry  or  occupation,  wherein  or  whereby  his 
9 work,  or  the  product  or  profit  of  his  work,  shall  be  farmed 
ilO  out,  contracted,  given  or  sold  to  any  person,  firm,  association 

11  or  corporation.  This  section  shall  not  be  construed  to  prevent 

12  the  Legislature  from’  providing  that  convicts  may  work  for, 

13  and  that  the  products  of  their  labor  may  be  disposed  of  to, 

14  the  State  or  any  political  division  thereof,  or  for  or  to  any 

15  public  institution  owned  or  managed  and  controlled  by  the 

!i6  State,  or  any  political  division  thereof,  ^ 


45 


ARTICLE  IV.  ^ 

1 Section  I.  The  executive  power  shall  be  vested  in  a Cover- 

2 nor,  who  shall  hold  his  office  for  two  years;  a Lieutenant-Gov- 

3 ernor  shall  be  chosen  at  the  same  time,  and  for  the  same  term. 

4 The  Governor  and  Lieutenant-Governor  elected  next  preced- 

5 ing  the  time  when  this  section  shall  take  effect,  shall  hold  office 

6 until  and  including  the  thirty-first  day  of  December,  one  thou- 

7 sand  eight  hundred  and  ninety-six,  and  their  successors  shall 

8 be  chosen  at  the  general  election  in  that  year. 

1 Section  2.  No  person  shall  be  eligible  to  the  office  of  Gov- 

2 ernor  or  Lieutenant-Governor,  except  a citizen  of  the  United 

3 States,  of  the  age  of  not  less  than  thirty  years,  and  who  shall 

\ 

4 have  been  five  years  next  preceding  his  election  a resident  of 

5 this  State. 

1 Section  3.  The  Governor  and  Lieutenant-Governor  shall 

2 be  elected  at  the  times  and  places  of  choosing  members  of  the 

3 Assembly.  The  persons  respectively  having  the  highest  num- 

4 ber  of  votes  for  Governor  and  Lieutenant-Governor  shall  be 

5 electedj  but  in  case  two  or  more  shall  have  an  equal  and  the 


46 


6 highest  number  of  votes  for  Governor,  or  for  Lieutenant- 

7 Governor,  the  two  houses  of  the  Legislature  at  its  next  annual 

8 session  shall  forthwith,  by  joint  ballot,  choose  one  of  the  said 

9 persons  so  having  an  equal  and  the  highest  number  of  votes 
10  for  Governor  or  Lieutenant-Governor. 

1 Section  4.  The  Governor  shall  be  Commander-in-Chief  of 

2 the  military  and  naval  forces  of  the  State.  He  shall  have 

3 power  to  convene  the  Legislature,  or  the  Senate  only,  on 

4 extraordinary  occasions.  At  extraordinary  sessions  no  subject 

5 shall  be  acted  upon,  except  such  as  the  Governor  may  recoin- 

6 mend  for  consideration.  He  shall  communicate  by  message 

7 to  the  Legislature  at  every  session  the  condition  of  the  State, 

8 and  recommend  such  matters  to  it  as  he  shall  judge  expedient. 

9 He  shall  transact  all  necessary  business  with  the  officers  of 

10  government,  civil  and  military.  He  shall  expedite  all  such 

11  measures  as  may  be  resolved  upon  by  the  Legislature,  and 

12  shall  take  care  that  the  laws  are  faithfully  executed.  He  shall 

13  receive  for  his  services  an  annual  salary  of  ten  thousand  dol- 

14  lars,  and  there  shall  be  provided  for  his  use  a suitable  and 

15  furnished  executive  residence. 


X 


Section  5.  The  Governor  shall  have  the  power  to  grant 

2 reprieves,  commutations  and  pardons  after  conviction,  for  all 

3 offenses  except  treason  and  cases  of  impeachment,  upon  such 

4 conditions  and  with  such  restrictions  and  limitations,  as  he 

5 may  think'  proper,  subject  to  such  regulations  as  may  be  pro- 

6 vided  by  law  relative  to  the  manner  of  applying  for  pardons. 

7 Upon  conviction  for  treason,  he  shall  have  power  to  suspend 

8 the  execution  of  the  sentence,  until  the  case  shall  be  reported 

9 to  the  Legislature  at  its  next  meeting,  when  the  Legislature 

% 

10  shall  either  pardon,  or  commute  the  sentence,  direct  the  execu- 

11  tion  of  the  sentence,  or  grant  a further  reprieve.  He  shall 

12  annually  communicate  to  the  Legislature  each  case  of  reprieve, 

13  commutation  or  pardon  granted,  stating  the  name  of  the  con- 

14  vict,  the  crime  of  which  he  was  convicted,  the  sentence  and  its 

15  date,  and  the  date  of  the  commutation,  pardon  or  reprieve. 

I;  Section  6.  In  case  of  the  impeachment  of  the  Governor, 

2 or  his  removal  from  office,  death,  inability  to  discharge  the 

3 powers  and  duties  of  the  said  office,  resignation,  or  absence 

4 from  the  State,  the  powers  and  duties  of  the  office  shall  devolve 


5 

6 

Z 

8 

9 

.11 

2 

3 

5 

6 

Z 

8 

9 

10 

II 

12 

13 


48 


upon  the  Lieutenant-Governor  for  the  residue  of  the  term,  or 
until  the  disability  shall  cease.  But  when  the, Governor  shall, 
with  the  consent  of  the  Legislature,  be  out  of  the  State,  in  time 
of  war,  at  the  head  of  a military  force  thereof,  he  shall  continue 
Commander-in-Chief  of  all  the  military  force  of  the  State, 

Section  7.  The  Lieutenant-Governor  shall  possess  the 
same  qualifications  of  eligibility  for  office  as  the  Governor. 
He  shall  be  president  of  the  Senate,  but  shall  have  only  a’ 
casting  vote  therein.  If  during  a vacancy  of  the  office  oj 
Governor,  the  Lieutenant-Governor  shall  be  impeached,  dis- 
placed, resign,  die,  or  become  incapable  of  performing  tlie 
duties  of  his  office,  or  be  absent  from  the  State,  the  President 
of  the  Senate  shall  act  as  Governor  until  the  vacancy  be  filled 
or  the  disability  shall  cease;  and  if  the  President  of  the  Senate 
for  any  of  the  above  causes  shall  become  incapable  of  perform- 
ing the  duties  pertaining  to  the  office  of  Governor,  the 
Speaker  of  the  Assembly  shall  act  as  Governor  until  the 
vacancy  be  filled  or  the  disability  shall  cease. 


49 


1 

2 
3 
'4 
5. 


Section  8.  The  Lieutenant-Governor  shall  receive  for  his 
services  an  annual  salary  of  five  thousand  dollars,  and  shall 
not  receive  or  be  entitled  to  any  other  compensation,  fee  or 

B 

perquisite,  for  any  duty  or  service  he  may  be  required  to  per- 

\ 

form  by  the  Constitution  or  by  law. 


!ii  Section  9.  Every  bill  which  shall  have  passed  the  Senate* 

2 and  Assembly  shall,  before  it  becomes  a law,  be  presented  to 

3 the  Governor;  if  he  approve,  he  shall  sign  it;  but  if  not,  he 

4 shall  return  it  with  his  objections  to  the  house  in  which  it 

5 shall  have  originated,  which  shall  enter  the  objections  at  large 

6 on  the  journal,  and  proceed  to  reconsider  it.  If  after  such 

7 reconsideration,  two-thirds  of  the  members  elected  to  that 

■ -S' 

8 house  shall  agree  to  pass  the  bill,  it  shall  be  sent  together  with 

9 the  objections  to  the  other  house  by  which  it  shall  likewise  be 

10  reconsidered;  and  if  approved  by  two-thirds  of  the  members 

11  elected  to  that  house,  it  shall  become  a law  notwithstanding 

12  the  objections  of  the  Governor.  In  all  such  cases,  the  votes 

13  in  both  houses  shall  be  determined  by  yeas  and  nays,  and  the 

14  names  of  the  members  voting  shall  be  entered  on  the  journal 

15  of  each  house  respectively.  If  any  bill  shall  not  be  returned 


4 


i6 

iZ 

i8 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 


by  the  Governor  within  ten  days  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a law,  in 
like  manner  as  if  he  had  signed  it,  unless  the  Legislature  shall, 
by  their  adjournment,  prevent  its  return,  in  which  case  it  shall 
not  become  a law  without  the  approval  of  the  Governor.  No 
bill  shall  become  a law  after  the  final  adjournment  of  the 
Legislature,  unless  approved  by  the  Governor  within  thirty 
days  after  such  adjournment.  If  any  bill  presented  to  the 
Governor  contain  several  items  of  appropriation  of  money, 
he  may  object  to  one  or  more  of  such  items  while  approving 
of  the  other  portion  of  the  bill.  In  such  case,  he  shall  append 
to  the  bill,  at  the  time  of  signing  it,  a statement  of  the  items 

D 

to  which  he  objects;  and  the  appropriation  so  objected  to  shall 

not  take  effect.  If  the  Legislature  be  in  session,  he  shall 

transmit  to  the  house  in  which  the  bill  orignated  a copy  of 

""A.. 

such  statement,  and  the  items  objected  to  shall  be  separately 
reconsidered.  If  on  reconsideration  one  or  more  of  such  items 
be  approved  by  two -thirds  of  the  members  elected  to  each 
house,  the  same  shall  be  part  of  the  law,  notwithstanding  the 


35  objections  of  the  Governor.  All  the  provisions  of  this  section, 

36  in  relation  to  bills  not  approved  by  the  Governor,  shall  apply 

37  in  cases  in  which  he  shall  withhold  his  approval  from  any 

nj  I / 

3*8  item  or  items  contained  in  a bill  appropriating  money. 


X 

2 

3 

4 

5 

6 

7 

8 

9 

10 

II 

12 

13 

I 

2 

3 

4 

5 


52 


' ARTICLE  y ./ 

Section  i.  The  Secretary  of  State,  Comptroller,  Treasurer, 
Attorney-General  and  State  Engineer  and  Surveyor  shall  be 
chosen  at  a general  election,  at  the  times  and  places  of  electing 
the  Governor  and  Lieutenant-Governor,  and  shall  hold  their 
offices  for  two  years,  except  as  provided  in  section  two  of  this 
article.  Each  of  the  officers  in  this  article  named,  excepting 
the  Speaker  of  the  Assembly,  shall  at  stated  times  during  his 
continuance  in  office,  receive  for  his  services  a compensation 
which  shall  not  be  increased  or  diminished  during  the  term 
for  which  he  shall  have  been  elected;  nor  shall  he  receive  to 
his  use  any  fees  or  perquisites  of  office  or  other  compensation. 
No  person  shall  be  elected  to  the  office  of  State  Engineer  and 
Surveyor  who  is  not  a practical  civil  engineer. 

Section  2.  The  first  -election  of  the  Secretary  of  State, 
Comptroller,  Treasurer,  Attorney-General  and  State  Engineer 
and  Surveyor,  pursuant  to  this  article  shall  be  held  in  the  year 
one  thousand  eight  hundred  and  ninety-five,  and  their  terms 
of  office  shall  begin  on  the  first  day  of  January  following, 


53 


6 and  shall  be  for  three  years.  At  the  g-eneral  election  in  the 

7 yeai*  one  thousand  eight' hundred  and  ninety-eight,  and  every 

o 

8 two  years  thereafter,  their  successors  shall  be  chosen  for  the 

* 

9 term  of  two  years 

1 Section  3.  A superintendent  of  public  works  shall  be 

2 appointed  by  the  Governor,  j?y  and  with  the  advice  and  con- 

3 sent  of  the  Senate,  and  hold  his  office  until  the  end  of  the  term 

4 of  the  Governor  by  whom  he  was  nominated,  and  until  his 

5 successor  is  appointed  and  qualified.  He  shall  receive  a com- 

6 pensation  to  be  fixed  by  law.  He  shall  be  required  by  law  to 

7 give  security  for  the  faithful  execution  of  his  office  before  enter- 

8 ing  upon  the  duties  thereof.  He  shall  be  charged  with  the 

9 execution  of  all  laws  relating  to  the  repair  and  navigation  of 

10  the  canals,  and  also  of  those  relating  to  the  construction  and 

1 1 improvement  of  the  canals,  except  so  far  as  the  execution  of  the 

12  laws  relating  to  such  construction  or  improvement  shall  be 

13  confided  to  the  State  Engineer  and  Surveyor;  subject  to  the 

14  control  of  the  Legislature,  he  shall  make  the  rules  and  regu- 

15  lations  for  the  navigation  or  use  of  the  canals.  He  may  be 
x6  suspended  or  removed  from  office  by  the  Governor,  whenever. 


17 

i8 

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54 


in  his  judgment,  the  public  interest  shall  so  require;  but  in 
case  of  the  removal  of  such  Superintendent  of  Public  Works 
from  office,  the  Governor  shall  file  with  the  Secretary  of  State 
a statement  of  the  cause  of  such  removal,  and  shall  report  such 
removal  and  the  cause  thereof  to  the  Legislature  at  its  next 
session.  The  Superintendent  of  Public  Works  shall  appoint 
not  more  than  three  assistant  superintendents,  whose  duties 
shall  be  prescribed  by  him,  subject  to  modification  by  the 
Legislature,  and  who  shall  receive  for  their  services  a com- 
pensation to  be  fixed  by  law.  They  shall  hold  their  office  for 
three  years,  subject  to  suspension  or  removal  by  the  Super- 
intendent of  Public  Works,  whenever,  in  his  judgment,  the 
public  interest  shall  so  require.  Any  vacancy  in  the  office  of  any 
such  assistant  superintendent  shall  be  filled  for  the  remainder 
of  the  term  for  which  he  was  appointed,  by  the  Superin- 
tendent of  Public  Works;  but  in  case  of  the  suspension  or 
removal  of  any  such  assistant  superintendent  by  him,  he  shall 
at  once  report  to  the  Governor,  in  writing,  the  cause  of  sucH 
removal.  All  other  persons  employed  in  the  care  and  man- 
agement of  the  canals,  except  collectors  of  tolls,  and  those  in 
the  department  of  the  State  Engineer  and  Surveyor,  shall  be 


38 

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c 


55 

appointed  by  the  Superintendent  of  Public  Works,  and  be 
subject  to  suspension  or  removal  by  him.  The  Superintendent 
of  Public  Works  shall  perform  all  the  duties  of  the  former 
Canal  Commissioners,  and  Board  of  Canal  Commissioners,  as 
now  declared  by  law,  until  otherwise  provided  by  the  Legis- 
lature. The  Governor,  by  and  with  the  advice  and  consent  of 

the  Senate,  shall  have  power  to  fill  vacancies  in  the  office  of 
* 

Superintendent  of  Public  Works;  if  the  Senate  be  not  in  ses- 
sion, he  may  grant  commissions  which  shall  expire  at  the  end 
of  the  next  succeeding  session  of  the  Senate.  , 

Section  4.  A Superintendent  of  State  Prisons  shall  be 
appointed  by  the  Governor,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  and  hold  his  office  for  five  years,  unless 

sooner  removed;  he  shall  give  security  in  such  amount,  and 

o 

with  such  sureties  as  shall  be  required  by  law  for  the  faith- 
ful discharge  of  his  duties;  he  shall  have  the  superintendence, 
management  and  control  of  state  prisons,  subject  to  such  laws 
as  now  exist  or  may  hereafter  be  enacted;  he  shall  appoint 
the  agents,  wardens,  physicians  and  chaplains  of  the  pr*'-'  - - 
The  agent  and  warden  of  each  prison  shall  appo'mt  a!!  -Jk;' 


56 


11  officers  of  sucH  prison,  except  the  clerk',  subject  to  the  approval 

12  of  the  same  by  the  Superintendent.  The  Comptroller  shall 

13  appoint  the  clerks  of  the  prisons.  The  Superintendent  shall 

14  have  all  the  powers  and  perform  all  the  duties  not  incon- 

15  sistent  herewith,  which  were  formerly  had  and  performed  by 

16  the  Inspectors  of  State  Prisons.  The  Governor  may  remove 

17  the  Superintendent  for  cause  at  any  time,  giving  to  him  a copy 

18  of  the  charges  against  him,  and  an  opportunity  to  be  heard 

19  in  his  defense. 

1 Section  5.  The  Lieutenant  Governor,  Speaker  of  the 

2 Assembly,  Secretary  of  State,  Comptroller,  Treasurer,  Attor- 

3 ney- General  and  State  Engineer  and  Surveyor  shall  be  the 

4 commissioners  of  the  land  office.  The  Lieutenant-Governor, 
. 5 Secretary  of  State,  Comptroller,  Treasurer  and  Attorney- 

6 General  shall  be  the  commissioners  of  the  ganal  fund.  The 

7 canal  board  shall  consist  of  the  commissioners  of  the  canal 

8 fund,  the  State  Engineer  and  Surveyor  and  the  Superintendent 


9  of  Public  Works. 


I 

2 

3 

I 

2 

3 

4 

5 

6 

7 

I 

2 

o 

4 

5 

6 

7 

8 

9 

£0 


67 


Section  6.  The  powers  and  duties  of  the  respective  boards, 
and  of  the  several  officers  in  this  article  mentioned,  shall  be 
such  as  now  are  or  hereafter  may  be  prescribed  by  law.  ' 

Section  7.  The  Treasurer  may  be  suspended  from  office 
by  the  Governor,  during  the  recess  of  the  Legislature,  and 
until  thirty  days  after  the  commencement  of  the  next  session 
of  the  Legislature,  whenever  it  shall  appear  to  him  that  such 
treasurer  has,  in  any  particular,  violated  his  duty.  The  Gov- 
ernor shall  appoint  a competent  person  to  discharge  the  duties 
of  the  office  during  such  suspension  of  the  Treasurer. 

Section  8.  All  offices  for  the  weighing,  gauging,  measur- 
ing, culling  or  inspecting  any  merchandise,  produce,  manu- 
facture or  commodity  whatever,  are  hereby  abolished;  and  no 
such  office  shall  hereafter  be  created  by  law;  but  nothing  in 
this  section  contained  shall  abrogate  any  office  created  for 
the  purpose  of  protecting  the  public  health  or  the  interests  of 
the  State  in  its  property,  revenue,  tolls  or  purchases,  or  of 
supplying  the  people  with  correct  standards  of  weights  and 
measures,  or  shall  prevent  the  creation  of  any  office  for  such 


purposes  hereafter. 


I 

2 

3 

4 

5 

6 

7 

8 

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10 

II 

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58 


Section  9.  Appointments  and  promotions  m tlie  civil  ser- 
vice oi  the  State,  and  of  all  the  civil  divisions  thereof,  including 
cities  and  villages,  shall  be  made  according  to  merit  and  fitness 
to  be  ascertained,  so  far  as  practicable,  by  examinations,  which, 
so  far  as  practicable,  shall  be  competitive^  provided,  however, 
that  honorably  discharged  soldiers  and  sailors  from  the  army 
and  navy  of  the  United  States  in  the  late  civil  war,  who  are 
citizens  and  residents  of  this  State,  shall  be  entitled  to  prefer- 
ence in  appointment  and  promotion,  without  regard  to  their 
standing  on  any  list  from  which  such  appointment  or  pro- 
motion may  be  made.  Laws  shall  be  made  to  provide  for  the 
enforcement  of  this  section. 


69 


ARTICLE  VI. 

1 Section  i.  The  Supreme  Court  is  continued  with  general 

2 jurisdiction  in  law  and  equity,  subject  to  such  appellate  juris- 

3 diction  of  the  Court  of  Appeals  as  now  is  or  may  be  prescribed 

4 by  law  not  inconsistent  with  this  article.  The  existing  judicial 

5 districts  of  the  State  are  continued  until  changed  as  herein- 

6 after  provided.  The  Supreme  Court  shall  consist  of  the 

7 Justices  now  in  office,  and  of  the  Judges  transferred  thereto 

8 by  the  fifth  section  of  this  article,  all  of  whom  shall  continue 

9 to  be  Justices  of  the  Supreme  Court  during  their  respective 

10  terms,  and  of  twelve  additional  Justices  wlio  shall  reside  in 

11  and  be  chosen  by  the  electors  of,  the  several  existing  judicial 

12  districts,  three  in  the  first  district,  three  in  the  second,  and  one 

13  in  each  of  the  other  districts;  and  of  their  successors.  The 

14  successors  of  said  Justices  shall  be  chosen  by  the  electors  of 

15  their  respective  judicial  districts.  The  Legislature  may  alter 

16  the  judicial  districts  once  after  every  enumeration  under  the 

17  Constitution,  of  the  inhabitants  of  die  State,  and  thereupon 

18  reapportion  the  Justices  to  be  thereafter  elected  in  the  districts 

19  so  altered.  ^ ' 


II 

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Section  2.  The  Legislature  shall  divide  the  State  into  four 
judicial  departments.  The  first  department  shall  consist  of  the 
county  of  New  York;  the  others  shall  be  bounded  by  county 
lines,  and  be  compact  and  equal  in  population  as  nearly  as 
may  be.  Once  every  ten  years  the  Legislature  may  alter  the 
judicial  departments,  but  without  increasing  the  number 
thereof; 

There  shall  be  an  Appellate  Division  of  the  Supreme  Court, 
consisting  of  seven  Justices  in  the  first  department,  and  of  five 
Justices  in  each  of  the  other  departments.  In  each  department 
four  shall  constitute  a quorum,  and  the  concurrence  of  three 
shall  be  necessary  to  a decision.  No  more  than  five  Justices 
shall  sit  in  any  case. 

From  all  the  Justices  elected  to  the  Supreme  Court  the  Gov- 
ernor shall  designate  those  who  shall  constitute  the  Appellate 
Division  in  each  department;  and  he  shall  designate  the  Pre- 
siding Justice  thereof,  who  shall  act  as  such  during  his  term 
of  office,  and  shall  be  a resident  of  the  department  The  other 
Justices  shall  be  designated  for  terms  of  five  years,  or  the 
uiiexpired  portions  of  their  respective  terms  of  office,  if  less 
than  five  years.  From  time  to  time  as  the  terms  of  such  dcs- 


61 


22  ignations  expire,  or  vacancies  occur,  he  shall  make  new  desig- 

23  nations.  He  may  also  make  temporary  designations  in  case  of 

24  the  absence  or  inability  to  act,  of  any  Justice  in  the  Appellate 

25  Division.  A majority  of  the  Justices  designated  to  sit  in  the 

26  Appellate  Division  in  each  department  shall  be  residents  of  the 

27  department.  Whenever  the  Appellate  Division  in  any  depart- 

28  ment  shall  be  unable  to  dispose  of  its  business  within  a reason- 

/ 

29  able  time,  a majority  of  the  Presiding  Justices  of  the  several 

30  departments  at  a meeting  called  by  the  Presiding  Justice  of 

31  the  department  in  arrears  may  transfer  any  pending  appeals 

32  from  such  department  to  any  other  department  for  hearing 

33  and  determination.  No  Justice  of  the  Appellate  Division  shall 

34  exercise  any  of  the  powers  of  a Justice  of  the  Supreme  Court, 

35  other  than  those  of  a Justice  out  of  court,  and  those  pertaining 

36  to  the  Appellate  Division  or  to  the  hearing  and  decision  of 

/ 

37  motions  submitted  by  consent  of  counsel.  From  and  after  the 

38  last  day  of  December,  one  thousand  eight  hundred  and  ninety- 

39  five,  the  Appellate  Division  shall  have  the  jurisdiction  now 

40  exercised  by  the  Supreme  Court  at  its  General  Terms,  and  by 

41  the  General  Terms  of  the  Court  of  Common  Pleas  for  the  City 


62 


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43 

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46 

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48 

49 

50 


and'  County  of  New  iYork",  the  Superior  Court  of  the  City  of 
New  York,  the  Superior  Court  of  Buffalo  and  the  City  Court 
of  Brooklyn,  and  such  additional  jurisdiction  as  may  be  con- 
ferred by  the  Legislature.  It  shall  have  power  to  appoint  and 
remove  a reporter; 

The  Justices  of  the  Appellate  Division  in  each  department 
shall  have  power  to  fix  the  times  and  places  for  holding  Spe- 
cial and  Trial  Terms  therein,  and  to  assign  the  Justices  in  the 
departments  to  hold  such  terms;  or  to  make  rules  therefor.  ; 


1 Section  3.  No  Judge  or  Justice  shall  sit  in  the  Appellate 

2 Division  or  in  the  Court  of  Appeals  in  review  of  a decision 

3 made  by  him  or  by  any  court  of  which  he  was  at  the  time  a 

4 sitting  member.  The  testimony  in  equity  cases  shall  be  taken 

5 in  like  manner  as  in  cases  at  law;  and,  except  as  herein  other- 

6 wise  provided,  the  Legislature  shall  have  the  same  power  to 

7 alter  and  regulate  the  jurisdiction  and  proceedings  in  law  and 

8 in  equity  that  it  has  heretofore  exercised. 

I Section  4.  The  official  terms  of  the  Justices  of  the  Supreme 
a Court  shall  be  fourteen  years  from  and  including  the  first  day 


3 

4 

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63 


of  January  next  after  their  election.  When  a vacancy  shall 
occur  otherwise  than  by  expiration  of  term  in  the  office  of 
Justice  of  the  Supreme  Court  the  same  shall  be  filled  for  a full 
term,  at  the  next  general  election,  happening  not  less  than 
three  months  after  such  vacancy  occurs;  and,  until  the  vacancy 
shall  be  so  filled,  the  Governor  by  and  with  the  advice  and 
consent  of  the  Senate,  if  the  Senate  shall  be  in  session,  or  if 
not  in  session  the  Governor,  may  fill  such  vacancy  by  appoint- 
ment, which  shall  continue  until  and  including  the  last  day  of 
December  next  after  the  election  at  which  the  vacancy  shall 
be  filled: 

Section  5.  The  Superior  Court  of  the  City  of  New  York, 
the  Court  of  Common  Pleas  for  the  City  and  County  of  New 
York,  the  Superior  Court  of  Buffalo,  and  the  City  Court  of 

I 

Brooklyn,  are  abolished  from  and  after  the  first  day  of  Janu- 
ary, one  thousand  eight  hundred  and  ninety-six,  and  thereupon 
the  seals,  records, 'papers  and  documents  of  or  belonging  to 
such  courts,  shall  be  deposited  in  the  offices  of  the  Clerks  of 
the  several  counties  in  which  said  courts  now  exist;  and  all 
actions  and  proceedings  then  pending  in  such  courts  shall  be 

i 


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64 


transferred  to  the  Supreme  Court  for  hearing  and  determina- 
tion. The  Judges  of  said  courts  in  office  on  the  first  day  of 
January,  one  thousand  eight  hunded  and  ninety-six,  shall,  for 
the  remainder  of  the  terms  for  which  they  were  elected  or 
appointed,  be  Justices  of  the  Supreme  Court;  but  they  shall 
sit  only  in  tlie  counties  in  which  they  were  elected  or 
appointed.  Their  salaries  shall  be  paid  by  the  said  counties 
respectively,  and  shall  be  the  same  as  the  salaries  of  the  other 
Justices  of  the  Supreme  Court  residing  in  the  same  counties. 
Their  successors  shall  be  elected  as  Justices  of  the  Supreme 
Court  by  the  electors  of  the  judicial  districts  in  which  they 
respectively  reside. 

The  jurisdiction  now  exercised  by  the  several  courts  hereby 
abolished,  shall  be  vested  in  the  Supreme  ^ourt.  Appeals 
from  inferior  and  local  courts  now  heard  in  the  Court  of  Com- 
mon Pleas  for  the  City  and  County  of  New  York  and  the 
Superior  Court  of  Buffalo,  shall  be  heard  in  the  Supreme 
Court  in  such  manner  and  by  such  Justice  or  Justices  as  the 
Appellate  Divisions  in  the  respective  departments  which 


65 


29  include  New  York  and  Buffalo  shall  direct,  unless  otherwise 

30  provided  by  the  Legislature. 

T Section  6.  Circuit  Courts  and  Courts  of  Oyer  and  Termi- 

2 ncr  are  abolished  from  and  after  the  last  day  of  December, 

3 one  thousand  eight  hundred  and  ninety-five.  All  their  juris- 

4 diction  shall  thereupon  be  vested  in  the  Supreme  Court,  and 

5 all  actions  and  proceedings  then  pending  in  such  courts  shall 

6 be  ti'ansferred  to  the  Supreme  Court  for  hearing  and  determi- 

7 nation.  Any  Justice  of  the  Supreme  Court,  except  as  other- 

8 .wise  provided  in  this  article,  may  hold  court  in  any  county. 

1 Section  7.  The  Court  of  Appeals  is  continued.  It  shall 

2 consist  of  the  Chief  Judge  and  Associate  Judges  now  in  office, 

3 who  shall  hold  their  offices  until  the  expiration  of  their  respec- 

4 tive  terms,  and  their  successors,  who  shall  be  chosen  by  the 

5 electors  of  the  State.  The  official  terms  of  the  Chief  Judge 

6 and  Associate  Judges  shall  be  fourteen  years  from  and  includ- 

7 ing  the  first  day  of  January  next  after  their  election.  Five 

8 members  of  the  court  shall  form  a quorum,  and  the  concur- 

9 rence  of  four  shall  be  necessai'y  to  a decision.  The  court  shall 


5 


10 

II 

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2 

3 

4 

5 

6 

1 

/ 

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9 

10 

II 

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13 

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15 

i6 

i; 

i8 


66 


have  power  to  appoint  and  to  remove  its  reporter,  clerk  and 
attendants. 

Section  8.  When  a vacancy  shall  occur  otherwise  than  by 

\ 

expiration  of  term,  in  the  office  of  Chief  or  Associate  Judge  of 
the  Court  of  Appeals,  the  same  shall  be  filled,  for  a full  term, 
at  the  next  general  election  happening  not  less  than  three 
months  after  such  vacancy  occurs;  and  until  the  vacancy  shall 
be  so  filled,  the  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  if  the  Senate  shall  be  in  session,  or  if  not  in 
session  the  Governor  may  fill  such  vacancy  by  appointment 
If  any  such  appointment  of  Chief  Judge  shall  be  made  from 
among  the  Associate  Judges,  a tem.porary  appointment  of 
Associate  Judge  shall  be  made  in  like  manner;  but  in  such 
case,  the  person  appointed  Chief  Judge  shall  not  be  deemed 
to  vacate  his  office  of  Associate  Judge  any  longer  than  until 
the  expiration  of  his  appointment  as  Chief  Judge.  The  powers 
and  jurisdiction  of  the  court  shall  not  be  suspended  for  want 
of  appointment  or  election,  when  the  number  of  Judges  is 
sufiicient  to  constitute  a quorum.  All  appointments  under 
this  section  shall  continue  until  and  including  the  last  day  of 


67 


It  9 December  next  after  the  election  at  which  the  vacancy  shall 
20  be  filled,-  ’ 

1 Section  g.  After  the  last  day  of  December,  one  thousand 

2 eight  hundred  and  ninety-five,  the  jurisdiction  of  the  Court 

3 of  Appeals,  except  where  the  judgment  is  of  death,  shall  be 

4 limited  to  the  review  of  questions  of  law.  No  unanimous 

5 decision  of  the  Appellate  Division  of  the  Supreme  Court  that 

6 there  is  evidence  supporting  or  tending  to  sustain  a finding 

7 of  fact  or  a verdict  not  directed  by  the  court,  shall  be  reviewed 

8 by  the  Court  of  Appeals.  Except  where  the  judgment  is  of 

9 death,  appeals  may  be  taken  as  of  right,  to  said  court  only 

10  from  judgfnents  or  orders  entered  upon  decisions  of  the  Appel- 

11  late  Division  of  the  Supreme  Court,  finally  determining  actions 

12  or  special  proceedings,  and  from  orders  granting  new  trials 

13  on  exceptions,  where  the  appellants  stipulate  that  upon  affirm- 

14  ance  judgment  absolute  shall  be  rendered  against  them.  The 

15  Appellate  Division  in  any  department  may  however,  allow  an 

16  appeal  upon  any  question  of  law  which,  in  its  opinion,  ought 
ly  to  be  reviewed  by  the  Court  of  Appeals. 


C8 


1 8 The  Legislature  may  further  restrict  the  jurisdiction  of  the 

19  Court  of  Appeals  and  the  right  of  Appeal  thereto,  but  the 

20  right  to  appeal  shall  not  depend  upon  the  amount  involved. 

21  The  provisions  of  this  section  shall  not  apply  to  orders  made 

22  or  judgments  rendered  by  any  General  Term  before  the  last 

23  day  of  December,  one  thousand  eight  hundred  and  ninety-five, 

24  but  appeals  therefrom  may  be  taken  under  existing  provisions 

25  of  law. 

1 Section  10.  The  Judges  of  the  Court  of  Appeals  and  the 

2 Justices  of  the  Supreme  Court  shall  not  hold  any  other  office 

3 or  public  trust.  All  votes  for  any  of  them,  for  any  other  than 

4 a judicial  office,  given  by  the  Legislature  or  the  people,  shall 

5 be  void. 

1 Section  ii.  Judges  of  the  Court  of  Appeals  and  Justices 

2 of  the  Supreme  Court,  miay  be  removed  by  concurrent  rcsolu- 

3 tion  of  both  houses  of  the  Legislature,  if  two-thirds  of  all  the 

4 members  elected  to  each  house  concur  therein.  All  other 

5 judicial  officers,  except  Justices  of  the  Peace  and  judges  or 

6 justices  of  inferior  courts  not  ot  record,  may  be  removed  by 

7 the  Senate,  on  the  recommendation  of  the  Governor,  if  two- 


69 


8 thirds  of  all  the  members  elected  to  the  Senate  concur  therein. 

9 But  no  officer  shall  be  removed  by  virtue  of  this  section  except 

10  for  cause,  which  shall  be  entered  on  the  journals,  nor  unless 

1 1 he  shall  have  been  served  with  a statement  of  the  cause  alleged, 

12  and  shall  have  had  an  opportunity  to  be  heard.  On  the  ques- 

13  tion  of  removal,  the  yeas  and  nays  shall  be  entered  on  the 

14  journal. 

1 Section  12.  The  Judges  and  Justices  hereinbefore  men- 

2 tioned  shall  receive  for  their  services  a coiripenssition  estab- 

3 lished  by  law,  which  shall  not  be  increased  or  diminished 

4 during  their  official  terms,  except  as  provided  in  section  five 

5 of  this  article.  No  person  shall  hold  the  office  of  Judge  or 

6 Justice  of  any  court  longer  than  uiitil  and  inctuding  the  last 

7 day  of  December  next  after  he  shall  be  seventy  }’ears  of  age. 

8 No  Judge  or  Justice  elected  after  the  first  day  of  January,  one 

9 thousand  eight  hundred  and  ninety-four  shall  be  entitled  to 

10  receive  any  compensatior.  after  the  last  day  of  December  next 

11  after  he  shall  be  seventy  years  of  age;  but  the  compensation 

12  of  every  Judge  of  the  Court  of  Appeals*  or  Justice  of  the 

13  Supreme  Court  elected  prior  to  tlie  first  day  of  January,  one 

14  thousand  eight  hundred  and  ninety-four,  whose  term  of  office 


o 


^5 

i6 

17 

18 

19 

20 

21 

I 

2 

3 

4 

5 

6 

7 

8 

9 

10 

II 

12 

13 

14 


70 


has  been,  or  whose  present  term  of  office  shall  be,  so  abridged, 
and  who  shall  have  served  as  such  Judge  or  Justice  ten  years 
or  more,  shall  be  continued  during  the  remainder  of  the  term 
for  which  he  was  elected;  but  any  such  Judge  or  Justice  may, 
with  his  consent,  be  assigned  by  the  Governor,  from  time  to 
time,  to  any  duty  in  the  Supreme  Court  while  his  compensa- 
tion is  so  continued.  / 

Section  13.  The  Assembly  shall  have  the  power  of 

impeachment,  by  a vote  of  a majority  of  all  the  members 

elected.  The  Court  for  the  Trial  of  Impeachments  shall  be 

composed  of  the  President  of  the  Senate,  the  senators,  or  the 

major  part  of  them,  and  the  Judges  of  the  Court  of  Appeals, 

or  the  major  part  of  them.  On  the  trial  of  an  impeachment 

against  the  Governor  or  LieuteiianL-Governor,  the  Lieutenant- 

Governor  shall  not  act  as  a member  of  tl^e  court.  No  judicial 

\ 

officer  shall  exercise  his  office,  after  articles  of  impeachment 
against  him  shall  have  been  preferred  to  the  Senate,  until  he 
shall  have  been  acquitted-  Before  the  trial  of  an  impeachment 
the  members  of  the  court  shall  take  an  oath  or  affirmati(>n 
truly  and  impartially  to  try  the  impeachment  according  to  the 
evidence,  and  no  person  shall  be  convicted  without  the  coii- 


71 


15  currence  of  two-thirds  of  the  members  present.  Judgment 

f 

16  in  cases  of  impeachment  shall  not  extend  further  than  to’ 

V - ' ' 

I7j  removal  from  office,  or  removal  from  office  and  disqualifica- 
i8  . tion  to  hold  and  enjoy  any  office  of  honor,  trust  or  profit 
,19  under  this  Statej  but  the  party  impeached  shall  be  liable  to 
20  indictment  and  punishment  according  to  law. 

1 Section  14.  The  existing  County  Courts  are  continued, 

2 and  the  Judges  thereof  now  in  office  shall  hold  their  offices 

3 until  the  expiration  of  their  respective  terms.  In  the  county 
' 4 of  Kings  there  shall  be  two  County  Judges  and  the  additional 

ft 

5 County  Judge  shall  be  chosen  at  the  next  general  election 

6 held  after  the  adoption  of  this  article.  The  successors  of  the 

7 several  County  Judges  shall  be  chosen  by  the  electors  of  the 

8 counties  for  the  term  of  six  years.  County  Courts  shall  have 

9 the  powers  and  jurisdiction  they  now  possess,  and  also  original 

10  jurisdiction  in  actions  for  the  recovery  of  money  only,  where 

11  the  defendants  reside  in  the  county,  and  in  which  the  com- 

12  plaint  demands  judgment  for  a sum  not  exceeding  two  thou- 

13  sand  dollars.  The  Legislature  may  hereafter  enlarge  or 

14  resti’ict  the  jurisdiction  of  the  County  Courts,  provided  how^- 


72 


15  ever  that  their  jurisdiction  shall  not  be  so  extended  as  to 

1 6 authorize  an  action  therein  for  the  recovery  of  money  only, 

17  in  which  the  sum  demanded  exceeds  two  thousand  dollars, 

18  or  in  which  any  person  not  a resident  of  the  county  is  a 

19  defendant  ' 

20  Courts  of  Sessions,  except  in  the  county  of  New  York',  are 
2t  abolished  from  and  after  the  last  day  of  December,  on^  thou- 

22  sand  eight  hundred  and  ninety-five.  All  the  jurisdiction  of 

23  the  Court  of  Sessions  in  each  county,  except  the  county  of 

24  New  York,  shall  thereupon  be  vested  in  the  County  Court 

25  thereof,  and  all  actions  and  proceedings  then  pending  in  such 

26  Courts  of  Sessions  shall  be  transferred  to  said  County  Courts 

27  for  hearing  and  determination.  Every  County  Judge  shall  per- 

28  form  such  duties  as  may  be  required  by  law.  His  salary  shall 

29  be  established  by  law,  payable  out  of  the  county  treasury.  A 

30  County  Judge  of  any  county  may  hold  County  Courts  in  any 

31  otlier  county  when  requested  by  the  Judge  of  such  other 

32  county. 

I Section  15.  The  existing  Surrogates’  Courts  are  continued, 
•2  . and  the  Surrogates  now  in  office  shall  hold  their  offices  until 


73  . 

3 the  expiration  of  their  terms.  Their  successors  shall  be  chosen' 
' [4  b}T  the  electors  of  their  respective  counties,  and  their  terms 
' !5  of  office  shall  be  six  years,  except  in  the  county  of  New  Yorlc, 
6 .where  they  shall  continue  to  be  fourteen  years.  Surrogates 
' and  Surrogates’  Courts  shall  have  the  jurisdiction  and  powers 
8 which  the  Surrogates  and  existing  Surrogates’  Courts  now 
, 9 possess,  until  otherwise  provided  by  the  Legislature.  The 
. iio  County  Judge  shall  be  Surrogate  of  his  county,  except  where 

11  a separate  Surrogate  has  been  or  shall  be  elected.  In  coun- 

12  ties  having  a population  exceeding  forty  thousand,  wherein 
.13  there  is  no  separate  Surrogate,  the  Legislature  may  provide 

14  for  the  election  of  a separate  officer  to  be  Surrogate,  whose 

15  term  of  office  shall  be  six  years.  When  the  Surrogate  shall 

16  be  elected  as  a separate  officer  his  salary  shall  be  established 

17  by  law,  payable  out  of  the  county  treasury.  No  County  Judge 

18  or  Surrogate  shall  hold  office  longer  than  until  and  including 

19  the  last  day  of  December  next  after  he  shall  be  seventy  years 

20  of  age.  “Vacancies  occurring  in  the  office  of  County  Judge 

21  or  Surrogate  shall  be  filled  in  the  same  manner  as  like  vacan- 


74 


22  cies  occurring  in  the  Supreme  Court.  The  compensation  of 

23  any  County  Judge  or  Surrogate  shall  not  be  increased  or 

24  diminished  during  his  term  of  office.  For  the  relief  of  Sur- 

25  rogates^  Courts  the  Legislature  may  confer  upon  the  Supreme 

26  Court  in  any  county  having  a population  exceeding  four.hun- 

27  dred  thousand,  the  powers  and  jurisdiction  of  Surrogates,  with 

28  authority  to  try  issues  of  fact  by  jury  in  probate  cases,  " ’ 

1 Section  16.  The  Legislature  may,  on  application  of  the 

2 board  of  supersdsors,  provide  for  the  election  of  local  officers, 

3 not  to  exceed  two  in  any  county,  to  discharge  the  duties  of 

4 County  Judge  and  of  Surrogate,  in  cases  of  their  inability 

5 or  of  a vacancy,  and  in  such  other  cases  as  may  be  provided 

6 by  law,  and  to  exercise  such  other  powers  in  special  cases  as 

7 are  or  may  be  provided  by  law. 

1 Section  17.  The  electors  of  tlie  several  towns  shall,  at  their 

2 annual  town  rneetings,  or  at  such  other  time  and  in  such 
•;  mnrnpr  as  the  Legislature  may  direct,  elect  Justices  of  the 


75 


5 an  election  to  fill  a vacancy  occurring  before  the  expiration 

6 of  a full  term,  they  shall  hold  for  the  residue  of  the  unexpired 

7 term.  Their  number  and  classification  may  be  regulated  by 

8 law.  Justices  of  the  Peace  and  judges  or  justices  of  inferior 

9 courts  not  of  record,  and  their  clerks,  may  be  removed  for 

10  cause,  after  due  notice  and  an  opportunity  of  being  heard, 

11  by  such  courts  as  are  or  may  be  prescribed  by  law.  Justices 

12  of  the  Peace  and  District  Court  Justices  may  be  elected  in  the 

13  different  cities  of  this  State  in  such  manner,  and  with  such 

14  powers,  and  for  such  terms,  respectively,  as  are  or  shall  be 

15  prescribed  by  law;  all  other  judicial  officers  in  cities,  whose 

16  election  or  appointment  is  not  otherwise  provided  for  in  this 

17  article,  shall  be  chosen  by  the  electors  of  such  cities,  or 
iS  appointed  by  some  local  authorities  thereof. 

1 Section  18.  Inferior  local  courts  of  civil  and  criminal  juris- 

2 diction  may  be  established  by  the  Legislature,  but  no  inferior 

3 local  court  hereafter  created  shall  be  a court  of  record.  The 

4 Legislature  shall  not  hereafter  confer  upon  any  inferior  or  local 

5 court  of  its  creation,  an\  equity  jurisdiction  or  any  greater 


76 


6  jurisdiction  in  other  respects  than  is  conferred  upon  County 
. y 

^ Courts  by  or  under  this  article.  Except  as  herein  otherwise 

8 provided,  all  judicial  officers  shall  be  elected  or  appointed  at 

9 such  times  and  in  such  manner  as  the  Legislature  may  direct. 

1 Section  19.  Clerks  of  the  several  counties  shall  be  clerks 

2 of  the  Supreme  Court,  with  such  pov/ers  and  duties  as  shall 

3 be  prescribed  by  law.  The  Justices  of  the  Appellate  Division 

4 in  each  department  shall  have  power  to  appoint  and  to  remove 

5 a clerk  who  shall  keep  his  office  at  a place  to  be  designated  by 

6 said  Justices.  The  Clerk  of  the  Court  of  Appeals  shall  keep 

7 his  office  at  the  seat  of  government.  The  Clerk  of  the  Court 

8 of  Appeals  and  the  clerks  of  the  yVppellate  Division  shall 

9 receive  compensation  to  be  established  by  law  and  paid  out  of 

10  the  public  treasury. 

1 Section  20,  No  judicial  officer,  except  Justices  of  the 

2 Peace,  shall  receive  to  his  own  use  any  fees  or  perquisites  of 

3 office;  nor  shall  any  Judge  of  the  Court  of  Appeals,  or  Jusdee 

/ 


77 


4 of  the  Supreme  Court,  or  any  County  Judge  or  Surrogate 

5 hereafter  elected  in  a county  having  a population  exceeding 

6 one  hundred  and  twenty  thousand,  practice  as  an  attorney  or 
7^  counselor  in  any  court  of  record  in  this  State,  or  act  as  referee. 

8 The  Legislature  may  impose  a similar  prohibition  upon 

9 County  Judges  and  Surrogates  in  other  counties.  No  one 

10  shall  be  eligible  to  the  office  of  Judge  of  the  Court  of  Appeals, 

11  Justice  of  the  Supreme  Court,  or,  except  in  the  county  of 

12  Hamilton,  to  the  office  of  County  Judge  or  Surrogate,  who  is 

13  not  an  attorney  and  counselor  of  this  State. 

1 Section  21.  The  Legislature  shall  provide  for  the  speedy 

2 publication  of  all  statutes;  and  shall  regulate  the  reporting  of 

3 the  decisions  of  the  courts;  but  all  laws  and  judicial  decisions 

4 shall  be  free  for  publication  by  any  person. 

1 Section  22.  Justices  of  the  Peace  and  other  local  judicial 

2 officers  provided  for  in  sections  seventeen  and  eighteen,  in 


78 


a 


3 office  when  this  article  takes  effect,  shall  hold  their  offices  until 

4 the  expiration  of  their  respective  terms. 

.1  Section  23.  Courts  of  Special  Sessions  shall  have  such 

2 jurisdiction  of  offenses  of  the  grade  of  misdemeanors  as 

3 be  prescribed  bjr  law. 


I 


19 


'ARTICLE  VII.. 

, , • 

1 Section  I.  The  credit  of  the  State  shall  not  In  any  manner 

2 be  given  or  loaned  to  or  in  aid  of  any  individual,  association 

3 or  corporation.  / 

T Section  2.  The  State  may,  to  meet  casual  deficits  or  failures 

2 in  revenues,  or  for  expenses  not  provided  for,  conti'act  debts: 

3 but  such  debts,  direct  or  contingent,  singly  or  in  the  aggre- 

4 gate,  shall  not  at  any  time  exceed  one  million  of  dollars;  and 

5 the  moneys  arising  from  the  loans  creating  such  debts  shall 

% 

6 be  applied  to  the  purpose  for  which  they  were  obtained,  or  to 

7 repay  the  debt  so  contracted,  and  to  no  other  purpose  whatever. 

I 1 Section  3.  In  addition  to  the  above  limited  power  to  con- 
2^  tract  debts,  the  State  may  contract  debts  to  repel  invasion, 

3 suppress  insurrection,  or  defend  the  State  in  war;  but  the 

4 money  arising  from  the  contracting  of  such  debts  shall  be 

5 applied  to  the  purpose  for  which  it  was  raised,  or  to  repay 

6 such  debts,  and  to  no  other  purpose  whatever. 


80 


1 Section  4.  Except  the  debts  specified  in  sections  two  and 

2 three  of  this  article,  no  debts  shall  hereafter  be  contracted  by 

3 or  on  behalf  of  this  State,  unless  such  debt  shall  be  author- 

4 ized  by  a law,  for  some  single  work  or  object,  to  be  distinctly 

5 ^ecified  therein j and  such  law  shall  impose  and  pitovide  for 

6 the  collection  of  a direct  annual  tax  to  pay,  and  sufficient  to 

7 pay,  the  interest  on  such  debt  as  it  falls  due,  and  also  to  pay 

8 and  discharge  the  principal  of  such  debt  within  eighteen  years  * 

9 from  the  time  of  the  contracting  thereof.  No  such  law  shall 

10  take  effect  until  it  shall,  at  a general  election,  have  been  sub- 

11  mitted  to  the  people,  and  have  received  a majority  of  all  the 

12  votes  cast  for  and  against  it  at  such  election.  On  the  final 

13  passage  of  such  bill  in  either  house  of  the  Legislature,  the 

14  question  shall  be  taken  by  ayes  and  noes,  to  be  duly  entered 

15  on  the  journals  thereof,  and  shall  be:  Shall  this  bill  pass, 

16  and  ought  the  same  to  receive  the  sanction  of  the  people? 

17  The  Legislature  may  at  any  time,  after  the  approval  of  such 

18  law  by  the  people,  if  no  debt  shall  have  been  contracted  in  pur- 

19  suance  thereof,  repeal  the  same;  and  may  at  any  time,  by  law, 

20  forbid  the  contracting  of  any  further  debt  or  liability  under  such 

21  lawj  but  the  tax  imposed  by  such  act,  in  proportion  to  the 


81 


22  debt  and  liability  which  may  have  been  contracted,  in  pursu- 

23  ance  of  such  law,  shall  remain  in  force  and  be  irrepealable, 

24  and  be  annually  collected,  until  the  proceeds  thereof  shall  have 

25  made  the  provision  hereinbefore  specified  to  pay  and  dis- 

26  charge  the  interest  and  principal  of  such  debt  and  liability. 
27;  The  money  arising  from  any  loan  or  stock  creating  such  debt 

28  or  liability  shall  be  applied  to  the  work’  or  object  specified  in 

29  the  act  authorizing  such  debt  or  liability,  or  for  the  repayment 

30  of  such  debt  or  liability,  and  for  no  other  purpose  whatever. 

31  No  such  law  shall  be  submitted  to  be  voted  on,  within  three 

32  months  after  its  passage,  or  at  any  general  election  when  any 

33  other  law,  or  any  bill,  or  any  amendment  to  the  Constitution, 

34  shall  be  submitted  to  be  voted  for  or  against. 

1 Section  5.  The  sinking  funds  provided  for  the  payment 

2 of  interest  and  the  extinguishment  of  the  principal  of  the 

3 debts  of  the  State  shall  be  separately  kept  and  safely  invested, 

4 and  neither  of  them  shall  be  appropriated  or  used  in  any  man- 

5 ner  other  than  for  the  specific  purpose  for  which  it  shall  liave 

6 been  provided. 


C 


QI  Section  6.  NeitHer  the  Legislature,  canal  board,  nor  any 

2 person  or  persons  acting  in  behalf  of  the  State,  shall  audit, 

3 allow,  or  pay  any  claim  which,  as  between  citizens  of  the  State, 

4 would  be  barred  by  lapse  of  time.  This  provision  shall  not 

5 be  construed  to  repeal  any  statute  fixing  the  time  within  which 

6 claims  shall  be  presented  or  allowed,  nor  shall  it  extend  to 
y any  claims  duly  presented  within  the  time  allowed  by  law, 

8 and  prosecuted  with  due.  diligence  from  the  time  of  such  pre- 

9 sentment.  But  if  the  claimant  shall  be  under  legal  disabjlity, 

10  the  claim  may  be  presented  within  two  years  after  such  dis- 

11  ability  is  removed. 

^ Section  7.  The  lands  of  the  State,  now  owned  or  hereafter 

2 acquired,  constituting  the  forest  preserve  as  now  fixed  by  law, 

3 shall  be  forever  kept  as  wild  forest  lands.  They  shall  not  be 

4 leased,  sold  or  exchanged,  or  be  taken  by  any  corporation, 

5 public  or  private,  nor  shall  the  timber  thereon  be  sold,  removed 

6 or  destroyed. 

1 Section  8.  The  Legislature  shall  not  sell,  lease  or  other- 

2 wise  dispose  of  the  Erie  canal,  the  Oswego  canal,  the  Chaiii- 

3 plain  canal,  the  Cayuga  and  Seneca  canal,  or  the  Black  River 


4 

5 

6 

7 

8 

9 

10 

II 

12 

13 

I 

2 

3 

4 

5 

6 

7 

8 

9 

lO 


83 


canal;  but  they  shall  remain  the  property  of  the  Stsite^  and 

r 

under  its  management  forever.  The  prohibition  of  lease,*  sale 
or  other  disposition  herein  contained,  shall  not  apply  to  the 
canal  known  as  the  Main  and  Hamburg  street  canal,  situated 

in  the  city  of  Buffalo,  and  which  extends  easterly  from  the 

• 

westerly  line  of  Main  street  to  the  westerly  line  of  Hamburg 
street.  All  funds  that  may  be  derived  from  any  lease,  sale  or 
other  disposition  of  any  canal  shall  be  applied  to  the  improve- 
ment, superintendence  or  repair  of  the  remaining  portion  of 

\ 

the  canals.  ' 

Section  9.  No  tolls  shall  hereafter  be  imoosecl  on  persons 
or  property  transported  on  the  canals,  but  all  boats  navigating 
the  canals,  and  the  owners  and  masters  thereof,  shall  be  sub- 
ject  to  such  laws  and  regulations  as  have  been  or  may  here- 
after be  enacted  concerning  the  navigation  of  the  canals. 
The  Legislature  shall  annually,  by  equitable  t^axes,  make  pro- 
vision for  the  expenses  of  the  'superintendence  and  repairs  of 
the  canals.  All  contracts  for  work  or  materials  on  any  canal 
shall  be  made 'with  the  persons  who  shall  offer  to  do  or  provide 
the  same  at  the  lowest  price,  with  adequate  security  for  their 


84 


11  performance.  No  extra  compensation  shall  be  made  to  any 

12  contractor;  but  if,  from  any  unforeseen  cause,  the  terms  of 

13  any  contract  shall  prove  to  be  unjust  and  oppressive,  the  canal 

14  board  may,  upoij  the  application  of  the  contractor,  cancel  such 

15  contract. 

1 Section  10.  The  canals  may  be  improved  in  such  manner 

2 as  the  Legislature  shall  provide  by  law.  A debt  may  be 

3 authorized  for  that  purpose  in  the  mode  prescribed  by  section 

4 four  of  this  article,  or  the  cost  of  such  improvement  may  be 

5 defrayed  by  the  appropriation  of  funds  from  the  state  treasury, 

6 or  by  equitable  annual  tax. 


ARTICLE  VIII. 


1 .Section  i.  Corporations  may  be  formed  under  general 

2 laws;  but  shall  not  be  created  by  special  act,  except  for 

3 municipal  purposes,  and  in  cases  wliere,  in  the  judgment  o; 

4 the  Legislature,  the  objects  of  the  corporation  cannot  he 

5 attained  under  general  laws.  All  general  laws  and  special  acts 

6 passed  pursuant  to  this  section  may  be  altered  from  time  to 

y time  or  repealed. 

I,  Section  2.  Dues  from  corporations  shall  be  secured  by 

2 such  individual  liability  of  tho'  corporators  and  other  means 

3 as  may  be  prescribed  by  law. 

1 Section  3.  The  term  corporations  .ns  used  in  this  article 

2 shall  be  construed  to  include  all  associations  and  joint-stock 

3 companies  having  any  of  the  powers  or  privileges  of  corpora- 

4 lions  not  possessed  by  individuals  or  partnerships.  And  all 

5 corporations  shall  have  the  right  to  sue  and  sliall  be  subject 

6 to  be  sued  in  all  courts  in  like  cases  as  natural  persons. 


1 ) Section  4.  The  Legislature  shall,  by  gtyieral  lavr.  conform 

2 all  charters  of  savings  banks,  or  institutions  for  savings,  to  a 

3 uniformity  of  powers,  rights  and  liabilities,  and  all  charters 

4 hereafter  granted  for  such  corporations  shall  be  made  to  con- 

5 form  to  such  general  law,  and  to  such  amendments  as  may 

6 be  made  thereto.  And  no  such  corporation  shall  have  any 

7 capital  stock  nor  shall  the  trustees  thereof,  or  any  of  them, 

8 have  any  interest  whatever,  direct  or  indirect,  in  the  profits  of 

9 such  corporation;  and  no  director  or  trustee  of  any  such 

10  bank  or  Institution  sliall  be  interested  in  any  loan  or  use  of 

1 1 any  money  or  property  of  such  bank  or  institution  for  savings. 

12  The  Legislature  sliall  have  no  power  to  pass  any  act  granting 

* 

13  any  special  charter  for  banking  purposes;  but  corporations  or 

14  associations  may  be  formed  for  such  purposes  under  general 

15  laws. 

1 Section  5.  The  Legislature  shall  have  no  power  to  pass ' 

2 any  law  sanctioning  in  any  manner-,  directly  or  indirectly,  the 

3 suspension  of  specie  payments,  by  any  person,  association  or 

4 corporation,  issuing  bank  notes  of  anj,  description. 


87 


1 Section  6.  The  Legislature  shall  provide  by  law  for  the 

2 registry  of  all  bills  or  notes,  issued  or  put  in  circulation  as 

3 money,  and  shall  require  ample  security  for  the  redemption  of 
14  the  same  in  specie. 


1 Section  7.  The  stockholders  of  every  corporation  and^ 

2 joint-stock  association  for  banking  purposes,  shall  be  indi- 

3 vidually  responsible  to  the  amount  of  their  respective  share 

4 of  shares  of  stock  in  any  such  corporation  or  association,  for 

5 all  its  debts  and  liabilities  of  every  kind  / ‘ 

1 Section  8.  In  case  of  the  insolvency  of  any  bank  or  bank- 

2 ing  association,  the  billholders  thereof  shall  be  entitled  to 

3 preference  in  payment,  over  all  other  creditors  of  such  bank 

4 or  association. 

1 Section  9.  Neither  the  credit  nor  the  money  of  the  State 

2 shall  be  given  or  loaned  to  or  in  aid  of  any  association,  cor- 

3 ■ poration  or  private  undertaking.  This  section  shall  not,  how- 

4 ever,  prevent  the  Legislature  from  making  such  provision  for 

5 the  education  and  support  of  the  blind,  the  deaf  and  dumb, 

6 and  juvenile  delinquents,  as  tp  it  may  seem  proper.  Nor  shall 


I 


88 


7  it  apply  to  any  fund  or  property  now  held,  or  which  may  here- 
B after  be  held,  by  the  State  for  educational  purposes. 

1 Section  10.  No  county,  city,  town  or  village  shall  hereafter 

2 give  any  money  or  property,  or  loan  its  money  or  credit  to  or 

3 in  aid  of  any  individual,  association  or  corporation,  or  become 

4 directly  or  indirectly  the  owner  of  stock  in,  or  bonds  of,  any 

5 association  or  corporation;  nor  shall  any  such  county,  city, 

6 town  or  village  be  allowed  to  incur  any  indebtedness  except 

7 for  county,  city,  town  or  village  purposes.  This  section  shall 

8 not  prevent  such  county,  city,  town  or  village  from  making 

9 such  provision  for  the  aid  or  support  of  its  poor  as  may  be 

10  authorized  by  law.  No  county  or  city  shall  be  allowed  to 

11  become  indebted  for  any. purpose  or  in  any  manner  to  an 

12  amount  which,  including  existing  indebtedness,  shall  exceed 

13  ten  per  centum  of  the  assessed  valuation  of  the  real  estate  of 

14  such  county  or  city  subject  to  taxation,  as  it  appeared  by  the 

15  assessment-rolls  of  said  county  or  city  on  the  last  assessment 

16  for  state  or  county  taxes  prior  to  the  incurring  of  such  indebt- 

17  edness;  and  all  indebtedness  in  excess  of  such,  limitation, 

- g.  ,,, 

18  except  such  as  may  now  exist,  shall  be  absolutely  void,  except 


89 


19  as  herein  otherwise  provided.  No  county  or  city  whose 

» 

20  present  indebtedness  exceeds  ten  per  centum  of  the  assessed 

21  valuation  of  its  real  estate  subject  to  taxation,  shall  be  allowed 

22  to  become  indebted  in  any  further  amount  until  such  indebt- 

I 

23  edness  shall  be  reduced  within  such  limit.  This  section  shall 

24  not  be  construed  to  prevent  the  issuing  of  certificates  of 

25  indebtedness  or  revenue  bonds  issued  in  anticipation  of  the 

26  collection  of  taxes  for  amounts  actually  contained,  or  to  be  con- 

27  tained  in  the  taxes  for  the  year  when  such  certificates  or 

28  revenue  bonds  are  issued  and  payable  out  of  such  taxes.  Nor 

29  shall  this  section  be  construed  to  prevent  the  issue  of  bonds  to 

30  provide  for  the  supply  of  water;  but  the  term  of  the  bonds 

31  issued  to  provide  the  supply  of  water  shall  not  exceed  twenty 

32  years,  and  a sinking  fund  shall  be  created  on  the  issuing  of  the 

33  said  bonds  for  their  redemption,  by  raising  annually  a sum  ^ 

34  which  will  produce  an  amount  equal  to  the  sum  of  the  prin- 

35  cipal  and  interest  of  said  bonds  at  their  maturity.  All  cer- 

36  tificates  of  indebtedness  or  revenue  bonds  issued  in  anticipa- 

37  tion  of  the  collection  of  taxes,  which  arc  not  retired  within  five 

38  3^ears  after  their  date  of  issue,  and  bonds  issued  to  provide  for 

39  tile  supply  of  water,  and  any  debt  licrcafler  incurred  by  any 


4^ 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

I 

2 

3 

4 

5 

6 


90 


portion  or  part  of  a city,  if  there  shall  be  any  such  debt^  shall 
be  included  in  ascertaining  the  power  of  the  city  to  become 
otherwise  indebted.  Whenever  hereafter  the  boundaries  of 
any  city  shall  become  the  same  as  those  of  a county,  the  power 
of  the  county  to  become  indebted  shall  cease,  but  the  debt  of 
the  county  at  that  time  existing  shall  not  be  included  as  a part 
of  the  city  debt.  The  amount  hereafter  to  be  raised  by  tax  for 
county  or  city  purposes,  in  any  county  containing  a city  of 
over  one  hundred  thousand  inhabitants,  or  any  such  city  of 
this  State,  in  addition  to  providing  for  the  principal  and  inter- 
est of  existing  debt,  shall  not  in  the  aggregate  exceed  in  any 
one  year  two  per  centum  of  the  assessed  valuation  of  the  real 
and  personal  estate  of  such  county  or  city,  to  be  ascertained  as 
prescribed  in  this  section  in  respect  to  county  or  city  debt. 

Section  ii.  The  Legislature  shall  provide  for  a state  board 
of  charities,  which  shall  visit  and  inspect  all  institutions, 
whether  state,  county,  municipal  incorporated  or  not  incor- 
porated, which  are  of  a charitable,  eleemosynary,  correctional 
or  reformatory  character,  excepting  only  such  institutions  as 
ai-e  hereby  made  subject  to  the  visitation  and  inspection  of 


91 


7 either  of  the  commissions  hereinafter  mentioned,  but  including 

8 all  reformatories  except  those  in  which  adult  males  convicted 

9 of  felony  shall  be  confined;  a state  commission  in  lunacy, 

10  which  shall  visit  and  inspect  all  institutions,  either  public,  or 

11  private,  used  for  the  care  and  treatment  of  the  insane  (not 

12  including  institutions  for  epileptics  or  idiots);  a state  com^ 

13  mission  of  prisons  which  shall  visit  and  inspect  all  institutions 

14  used  for  the  detention  of  sane  adults  charged  with  or  con- 

15  victed  of  crime,  or  detained  as  witnesses  or  debtors. 

I  Section  12.  The  members  of  the  said  board  and  of  the 
.2  said  commissions  shall  be  appointed  by  the  Governor,  by  and 

3 with  the  advice  and  consent  of  the  Senate;  and  any  member 

4 may  be  removed  from  office  by  the  Governor  for  cause,  an 

5 opportunity  having  been  given  him  to  be  heard  in  his  defense. 

1 Section  13.  Existing  laws  relating  to  institutions  referred 

2 to  in  the  foregoing  sections  and  to  their  supervision  and 

j 

3 inspection,  in  so  far  as  such  laws  are  not  inconsistent  with  the 

4 provisions  of  the  Constitution,  shall  remain  in  force  until 

5 amended  or  repealed  by  the  Legislature.  '^Tlie  visitation  and 


92 


6 inspection  herein  provided  for,  shall  not  be  exclusive  of  other  ^ - 

7 visitation  and  inspection  now  authorized  by  law. 


1 Section  14.  Nothing  in  this  Constitution  contained  shall 

2 i.Tcvcnt  the  Legislature  from  making  such  provision  for  the 

3 education  and  support  of  the  blind,  the  deaf  and  dumb,  and 

4 juvenile  delinquents,  as  to  it  may  seem  proper;  or  prevent  any 

5 county,  cit}'^,  town  or  village  from  providing  for  the  care,  sup- 

6 port,  maintenance  and  secular  education,  of  inmates  of  orphan 

7 asylums,  homes  for  dependent  children  or  correctional  institu- 

8 tions,  whether  under  public  or  private  control.  Payments  by 

9 counties,  cities,  towns  and  villages  to  charitable,  eleemosynary, 

10  correctional  and  reformatory  institutions,  wholly  or  partly 

11  under  private  control,  for  care,  support  and  maintenance,  may 

12  l:>e  authorized,  but  shall  not  be  required  by  the  Legislature. 

13  No  such  payments  shall  be  made  for  any  inmate  of  such  insLi- 

14  tutions  who  is  not  received  and  retained  therein  pursuant  to 
ic;  rules  established  by  the  state  board  of  charities.  Sudi  rules 
16  shall  be  subject  to  the  control  of  the  Legislature  by  general 


» 


laws. 


93 


1 Section  15.  Commissioners  of  the  state  board  of  charities 

2 and  commissioners  of  the  state  commission  in  lunacy,  now 

3 holding  office,  shall  be  continued  in  office  for  the  term  for  which 

4 they  were  appointed,  respectively,  unless  the  Legislature  shall 

5 otherwise  provide.  The  Legislature  may  confer  upon  the 

6 commissioners  and  upon  the  board  mentioned  in  the  fore- 

7 going  sections  any  additional  powers  that  are  not  inconsistent 

8 with  other  provisions  of  the  Constitution.  : 


0 


94 


ARTICLE  IX.  ; 

II  Section  I.  The  Legislature  shall  provide  for  the  mainte- 

2 nance  and  support  of  a system  of  free  common  schools,  wherein 

3 all  the  children  of  this  State  may  be  educated. 

1 Section  2.  The  corporation  created  in  the  year  one  thou- 

2 sand  seven  hundred  and  eighty-four,  under  the  name  of  The 

3 Regents  of  the  University  of  the  State  of  New  York,  is  hereby 

4 continued  under  the  name  of  The  University  of  the  State  of 

5 New  York.  It  shall  be  governed  and  its  corporate  powers, 

6 which  may  be  increased,  modified  or  diminished  by  the  Legis- 
7^  iature,  shall  be  exercised,  by  not  less  than  nine  regents. 

1 Section  3.  The  capital  of  the  common  school  fund,  the 

2 capital  of  the  literature  fund,  and  the  capital  of  the  United 

3 States  deposit  fund,  shall  be  respectively  preserved  inviolate. 

4 The  revenue  of  the  said  common  school  fund  shall  be  applied 

5 to  the  support  of  common  schools;  the  revenue  of  the  said 

6 literature  fund  shall  be  applied  to  the  support  of  academies; 

7 and  the  sum  of  twenty-five  thousand  dollars  of  the  revenues 


95 


8 of  the  United  States  deposit  fund  shall  each  year  be  appro- 

9 priated  to  and  made  part  of  the  capital  of  the  said  common 
10  school  fund. 


1 Section  4.  Neither  the  State  nor  any  subdivision  thereof, 

2 shall  use  its  property  or  credit  or  any  public  money,  or  author- 

3 ize  or  permit  either  to  be  used,  directly  or  indirectly,  in  aid  or 

4 maintenance,  other  than  for  examination  or  inspection,  of  any 

5 school  or  institution  of  learning  wholly  or  in  part  under  the 

6 control  or  direction  of  any  religious  denomination,  or  in  which! 

7 any  denominational  tenet  or  doctrine  is  taught 


# 


/ 


I 

2 

3 

4 

5 

6 

7 

S 

9 

10 

II 

12 

13 

14 

15 

i6 

1/ 


V 


A'  TICLE  E 

Section  i.  Sheriffs,  clerks  of  counties,  district  attorneys, 
and  registers  in  counties  having  registers,  shall  be  chosen  by 
C.c  electors  of  the  respective  counties,  once  in  every  three 
years  and  as  often  as  vacancies  shall  happen,  except  in  the 
counties  of  New  York  and  Kings,  and  in  counties  v/hose  boun- 
daries are  the  same  as  those  of  a city,  where  such  officers  shall 
be  chosen  by  the  electors  once  in  every  two  or  four  years  as 
the  Legislature  shall  direct.  Sheriffs  shall  hold  no  other 
office,  and  be  ineligible  for  the  next  term  after  the  termination 
of  their  offices.  They  may  be  required  by  laAv  to  renew  their 
security,  from  time  to  time;  and  in  default  of  giving  such 
new  security,  their  offices  shall  be  deemed  vacant.  But  the 
county  shall  Ticver  be  m.ade  responsible  for  the  acts  of  the 
sheriff.  The  Governor  may  remove  any  officer,  in  this  section 
mentioned,  within  the  term  for  which  he  shaU  have  been 
elected;  giving  to  such  officer  a copy  of  the  cliargcs  agaiiiofc 
him,  and  an  opportunity  of  being  heard  in  his  defense.. 


97 


1 Section  2.  All  county  officers,  whose  election  or  appolnt- 

2 ment  is  not  provided  for  by  this  Coiislilution,  shall  be  elected 

3 by  the  electors  of  the  respective  counties  or  appointed  by  the 

4 boards  of  supervisors,  or  other  county  authorities,  as  the  Legis- 

5 lature  shall  direct.  All  city,  tOAvn  and  village  officers,  whose 

6 election  or  appointment  is  not  provided  for  by  this  Constitu- 

7 tion,  shall  be  elected  by  the  electors  of  such  cities,  towns  and 

8 villages,  or  of  some  division  thereof,  or  appointed  by  such 

9 authorities  thereof,  as  the  Legislature  shall  designate  for  that 

& 

10  purpose.  All  other  officers,  whose  election  or  appointment 

1 1 is  not  provided  for  by  this  Constitution,  and  all  officers,  whose 

12  offices  may  hereafter  be  created  by  law,  shall  be  elected  by  the 

IP 

13  people,  or  appointed,  as  the  Legislature  may  direct. 

1 Section  3.  When  the  duration  of  any  office  is  not  provided 

2 by  this  Constitution,  it  may  be  declared  by  law,  and  if  not  so 

3 declared,  such  office  shall  be  held  during  the  pleasure  of  the 

4 authority  making  the  appointment. 

1 Section  4.  The  time  of  electing  all  officers  named  in  this 

2 article  shall  be  prescribed  by  law. 


OS 


1 Section  5.  The  Legislature  shall  provide  for  filling  vacan- 

2 cies  in  office,  and  in  case  of  elective  'officers,  no  person 

3 appointed  to  .fill  a vacancy  shall  hold  his  office  by  virtue  of 

4 such  appointment  longer  than  the  commencement  of  the  politi- 

5 cal  year  next  succeeding  the  first  annual  election  after  the 

6 happening  of  the  vacancy, 

f mmm  " . s 

li  Section  6."  The  political  year  and  legislative  term  shall 

2 begin  on  the  first  day  of  January;  and  the  Legislature  shall, 

3 every  year,  assemble  on  the  first  Wednesday  in  January, 

Cl  " 

f 

1 Section  y.  Provision  shall  be  made  by  law  for  the  removal 

2 for  misconduct  or  malversation  in  office  of  all  officers,  except 

3 judicial,  whose  powers  and  duties  are  not  local  or  legislative 

4 and  who  shall  be  elected  at  general  elections,  and  also  for 

5 supplying  vacancies  created  by  such  removal. 


II  Section  8.  The  Legislature  may  deckre  the  cases  in  which 

2 any  office  shall  be  deemed  vacant  when  no  provision  is  made 

3 for  that  purpose  in  this  Constitution. 

I Section  9.  No  officer  whose  salary  is  fixed  by  the  CoUstitu- 
2 ..  tion  shall  receive  any  additional  compensation.  Each  of  tlie 


99 


3 other  stale  officers  named  in  the  Constitution  shall,  during  His 

4 continuance  in  office,  receive  a compensation,  to  be  fixed  bv 

o 

5 law,  which  shall  not  be  increased  or  diminished  ‘during  the 

6 term  for  which  he  shall  have  been  elected  or  appointedj  not 

7 shall  he  receive  to  his  use  any  fees  or  perquisites  of  office  OE 

8 other  compensation.  ' 

. ■ 


100 


ARTICLE  XL, 

1 Section  i.  All  able-bodied  male  citizens  between  the  ages 

2 of  eighteen  and  forty-five  years,  who  are  residents  the  State, 

3 shall  constitute  the  militia,  subject  however  to  such  exemptions 

4 as  are  now,  or  may  be  hereafter  created  by  the  laws  of  the 

□ 

5 United  States,  or  by  the  Legislature  of  this  State. 

I'  Section  2.  The  Legislature  may  provide  for  the  enlistment 

2 into  the  active  force  of  such  other  persons  as  may  make  appli- 

3 cation  to  be  so  enlisted. 

1 Section  3.  The  militia  shall  be  organized  and  divided  into 

2 such  land  and  naval,  and  active  and  reserve  forces,  as  the 

3 Legislature  may  deem  proper,  provided  however  that  there 

4 shall  be  maintained  at  all  times  a force  of  not  less  than  ten 
jg  thousand  enlisted  men,  fully  uniformed,  armed,  equipped, 

6 disciplined  and  ready  for  active  service.  And  it  shall  be  the 
duty  of  the  Legislature  at  each  session  to  make  sufficient 

8 appropriations  for  the  maintenance  thereof. 

T Section  4.  The  Governor  shall  appoint  the  chiefs  of  the 
2 several  staff  departments,  his  aides-de-camp  and  military  secre- 


101 


3 tary,  all  of  whom  shall  hold  office  durin^  liis  plonsurc.  their 

4 commissions  to  expire  wkh  the  term  for  which  the  Governor 

5 shall  have  been  elected;  he  shall  also  nominate,  and  with  the 

6 consent  of  the  Senate  appoint,  all  major-generals. 

1 Section  5.  All  other  commissioned  and  non-commissioned 

2 officers  shall  be  chosen  or  appointed  in  such  manner  as  the 
' 3 Legislature  may  deem  most  conducive  to  the  improvement  of 
4 the  militia,  provided  however  that  no  law  shall  be  passed 
'5  changing  the  existing  mode  of  election  and  appointment  unless 

6 hvo-thirds  of  the  members  present  in  each  house  shall  concur 

7 therein. 

o 

1 Section  6.  Tlie  commissioned  officers  shall  be  comrais- 

2 sioned  by  the  Governor  as  commander-in-chief.  No  commis- 

3 sioned  officer  shall  be  removed  from  office  during  the  term  for 

4 which  he  shall  have  been  appointed  or  elected,  unless  by  the 

5 Senate  on  the  recommendation  of  the  Governor,  stating  the 

6 grounds  on  which  such  removal  is  recommended,  or  by  the 

7 sentence  of  a court-martial,  or  upon  the  findings  of  an  exam- 

8 ining  board  organized  pursuant  to  law,  or  for  absence  with- 

9 out  leave  for  a period  of  six  months  or  more. 


ARTICLE  XIL 


r Section  i.  It  shall  be  the  duty  of  the  Legislature  to  pro- 

2 vide  for  the  organization  of  cities  and  incorporated  villages, 

3 and  to  restrict  their  power  of  taxation,  assessment,  borrowing 

4 money,  contracting  debts,  and  loaning  their  credit,  so  as  to 

5 prevent  abuses  in  assessments,  and  in  contracting  debt  by 

6 such  municipal  corporations.  , 


I'  Section  2.  All  cities  are  classified  according  to  the  latest 

2 state  enumeration,  as  from  time  to  time  made,  as  follows  : The 

o 

3 first  class  includes  all  cities  having  a population  of  two  Hun- 
' 4 dred  and  fifty  thousand,  or  more;  the  second  class,  all  cities 

5 having  a population  of  fifty  thousand  and  less  than  two  liun- 

6 dred  and  fifty  thousand ; the  third  class,  all  other  cities.  Laws 
y.  relating  to  the  property,  affairs  or  government  of  cities,  and  the 

8 several  departments  thereof,  are  divided  into  general  and 

9 special  city  laws ; general  city  laws  are  those  which  relate  to  all 

10  the  cities  of  one  or  more  classes ; special  city  laws  are  those  which 

11  relate  to  a single  city,  or  to  less  than  all  the  cities  of  a class. 

12  Special  city  laws  shall  not  be  passed  except  in  conformity  with 


13 

14 

15 

i6 

17. 

i8 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 


103 


tHe  provisions  of  this  section.  After  any  bill  for  a special 

I 

city  law,  relating  to  a city,  has  been  passed  by  both  branches 
of  the  Legislature,  the  house  in  which  it  originated  shall  imme- 
diately transmit  a certified  copy  thereof  to  the  mayor  of  such 
city,  and  within  fifteen  days  thereafter  the  mayor  shall  return 

D 

such  bill  to  the  house  from  which  it  was  sent,  or  if  the  session 
of  the  Legislature  at  which  such  bill  was  passed  has  termi- 
nated, to  the  Governor,  with  the  mayor’s  certificate  thereon, 
stating  whether  the  city  has  or  has  not  accepted  the  same. 

In  every  city  of  the  first  class,  the  mayor,  and  in  every  other 
city,  the  mayor  and  the  legislative  body  thereof  concurrently, 

s 

shall  act  for  such  city  as  to  such  bill;  but  the  Legislature  may 
provide  for  the  concurrence  of  the  Legislative  body  in  cities 
of  the  first  class.  The  Legislature  shall  provide  for  a public 

notice  and  opportunity  for  a public  hearing  concerning  any 

□ 

such  bill  in  every  city  to  which  it  relates,  before  action  thereon. 
Such  a bill,  if  it  relates  to  more  than  one  city,  shall  be  trans- 
mitted to  the  mayor  of  each  city  to  which  it  relates,  and  shall 
not  be  deemed  accepted  unless  accepted  as  herein  provided, 
by  every  such  city.  Whenever  any  such  bill  is  accepted  as 
herein  provided,  it  shall  be  subject  as  are  other  bills,  to  the 
action  of  the  Governor.  Whenever,  during  the  session  at 


35 

36 

37 

3S 

39 

40 

41 

42 

43 

44 

45 

I 

2 

n 

O 

4 

5 

6 

7 

8 

9 

10 


104 


which  it  was  passed,  any  such  bill  is  returned  without  the' 
acceptance  of  the  city  or  cities  to  which  it  relates,  or  within 
such  fifteen  days  is  not  returned,  it  may  nevertheless  again  be 
passed  by  both  branches  of  the  Legislature,  and  it  shall  then 
be  subject  as  are  other  bills,  to  the  action  of  the  Governor. 
In  every  special  city  law  which  has  been  accepted  by  the  city 
or  cities  to  which  it  relates,  the  title  shall  be  follovced  by  the 
words  “accepted  by  the  city,’^  or  “cities,”  as  the  case  maybe; 
in  every  such  law  which  is  passed  without  such  acceptance,  by 
the  Vv^ords  “passed  without  the  acceptance  of  the  cih-^,”  or 
“cities,”  as  tlie  case  may  be. 

• Section  3.  All  elections  of  city  officers,  including  super- 
visors and  judicial  officers  of  inferior  local  courts,  elected  in 
any  city  or  part  of  a city,  and  of  county  officers  elected  in  the' 
counties  of  New  York  and  Kings,  and  in  all  counties  whose 
boundaries  are  the  same  as  those  of  a city,  except  to  fill  vacan- 
cies, shall  be  held  on  the  Tuesday  succeeding  the  first  Monday 
in  November  in  an  odd-numbered  year,  and  the  term  of  every 
such  officer  shall  expire  at  the  end  of  an  odd-numbered  year. 
The  terms  of  office  of  all  such  officers,  elected  before  the  first 
day  of  January,  one  thousand  eight  hundred  and  ninety-five, 


II 

12 

^3 

14 

15 

i6 

17 

i8 

19 

20 

21 


105 


whose  successors  have  not  then  been  elected,  which  under 
existing  laws  would  expire  with  an  even-numbered  year,  or  in 
an  odd-numbered  year  and  before  the  end  thereof,  are  extended 
to  and  including  the  last  day  of  December  next  following  the 
time  when  such  terms  would  otherwise  expire;  the  terms  of 
office  of  all  such  officers,  which  under  existing  laws  would 
expire  in  an  even-numbered  year,  and  before  the  end  thereof, 
are  abridged  so  as  to  expire  at  the  end  of  the  preceding  year. 
This  section  shall  not  apply  to  any  city  of  the  third  class,  or  to 
elections  of  any  judicial  officer,  except  judges  and  justices  of 
inferior  local  courtsf" 


106 


ARTICLE  XIII. 

li  Section  i.  Members  of  the  Legislature,  and  all  officers, 

2 executive  and  judicial,  except  such  inferior  officers  as  shall  be 

3 by  law  exempted  shall,  before  they  enter  on  the  duties  of  their 

4 ^ respective  offices,  take  and  subscribe  the  following  oath  or 

5 affirmation:  I do  solemnly  swear  (or  affirm)  that  I will  sup- 

6 port  the  Constitution  of  the  United  States,  and  the  Constitu 

» 

7 tion  of  the  State  of  New  York,  and  that  I will  faithfully  dis- 

8 charge  llic  duties  of  the  office  of , according  to  the 

g best  of  my  ability;’’  and  all  such  officers  who  shall  have  been 

10  chosen  at  any  election  shall,  before  they  enter  on  tlie  duties 

11  of  their  respective  offices,  take  and  ^ibscrlbc  the  oath  or 

12  affirmation  above  prescribed,  together  with  the  following  addi- 

13  tion  thereto,  as  part  thereof: 

14  “And  I do  hirther  solemnly  swear  (or  affirm)  that  I have 
not  directly  or  indirectly  paid,  offered  or  promised  to  pay, 

16  contribute,  or  offered  or  promised  to  contribute  any  money 

17  or  other  valuable  thing  as  a consideration  or  reward  for  the 


107 

G 

i8^  givirig  0^  .Withholding  a vote  at  the  election  at  which  I was 
119  elected  to  said  office^,  and  have  not  made  any;  promise  to 
2Q  influence  the  giving  or  withholding  any  such  vote,”-  and  no 
211  otlier  oath,  declaration  or  test  shall  be  required  as  a qualiflca- 
221  tion  for  any  office  of  public  trusL  ^ 


m p Section  2.  !A'ny  person  holding  office  under  the  laws  of 

V 

2 this  State,  who,  except  in  payment  of  his  legal  salary,  fees  or 
^ perquisites,  shall  receive  or  consent  to  receive,  directly  or 
indirectly,  any  thing  of  value  or  of  personal  advantage,  or  the 

I 

g promise  thereof,  for  performing  or  omitting  to  perform  any 

6 official  act,  or  with  the  express  or  implied  understanding  that 

% 

his  official  action'  or  omission  to  act  is  to  be  in  any  degree 

8 influenced  thereby,  shall  be  deemed  guilty  of  a felony.  This 

9 section  shall  not  affect  the  validity  of  any  existing  statute  in 
!I0  relation  to  the  offense  of  bribery, 

Ifi  I Section  3.  Any  person  who  shall  offer  or  promise  a bribe 
2 . “to  an  officer,  if  it  shall  be^^ved,  shall  be  deemed  guilty  of  a 
31  felony  and  liable  to  punishment,  except  as  herein  provided. 
No  person  offering  a bribe  shall,  upon  any  prosecution  of  the 


s 

6 

7 

8 

9 

10 

II 

I 

2 

3 

I 

2 

3 

4 

5 

6 

7, 

8 

9 


108 


officer  for  receiving  such  bribe,  be  privileged  from  testifying 
in  relation  thereto,  and  he  shall  not  be  liable  to  civil  or  crimi- 
nal prosecution  therefor,  if  he  shall  testify  to  the  giving  or 

I 

offering  of  such  bribe.  Any  person  who  shall  offer  or  promise: 
a bribe,  if  it  be  rejected  by  the  officer  to  whom  it  was  tendered^ 
shall  be  deemed  guilty  of  an  attempt  to  bribe,  which  is  hereby 
declared  to  be  a felony.  ' 

Section  4.  Any  person  charged  with'  receiving  a bribe,  or, 
with  offering  or  promising  a bribe,  shall  be  permitted  to  testify 
in  his  own  behalf  in  any  civil  or  criminal  prosecution  therefor. 

Section  5.  No  public  officer,  or  person  elected  or  appointed 
to  a public  office,  under  the  laws  of  this  State,  shall  directly 
or  indirectly  ask,  demand,  accept,  receive  or  consent  to  receive 
for  his  own  use  or  benefit,  or  for  the  use  or  benefit  of  another, 
any  free  pass,  free  transportation,  franking  privilege  or  dis- 
crimination in  passenger,  telegraph  or  telephone  rates,  from 
any  person  or  corporation,  or  make  use  of  the  same  himself  or. 

O ■' 

in  conjunction  with  another.  A person  who  violates  any  pro- 
vision of  this  section,  shall  be  deemed  guilty  of  ^ misdemeanor, 


10^ 


10  and  sHall  forfeit  his  office  at  the  suit  of  the  Attorney-General. 

1 1 Any  corporation,  or  officer  or  agent  thereof,  who  shall  offer  or 

12  promise  to  a public  officer,  or  person  elected  or  appointed  to  a 

13  public  office,  any  such  free  pass^  free  transportation,  frank- 
T4  ing  privilege  or  discrimination,  shall  also  be  deemed  guilty  of 
13  a misdemeanor  and  liable  to  punishment  except  as  herein  pro- 
116  yided.  No  person,  or  officer  or  agent  of  a corporation  giving 

any  such  free  pass,  free  transportation,  franking  privilege  or 

18  discrimination  hereby  prohibited,  shall  be  privileged  from  testi- 

19  fying  in  relation  thereto,  and  he  shall  not  be  liable  to  civil  or 

20  criminal  prosecution  therefor  if  he  shall  testify  to  the  giving 
211  of  the  same. 

II  ’ Section  6.  Any  district  attorney  who  shall  fail  faithfully  to 

2 prosecute  a person  charged  with  the  violation  in  his  county  of 

3 any  provision  of  this  article  which  may  come  to  his  knowl- 

4 edge,  shall  be  removed  from  office  by  the  Governor,  after  due 

5 notice  and  an  opportunity  of  being  heard  in  his  defense.  The 

6 expenses  which  shall  be  incurred  by  any  county,  in  investigat- 
2 ing  and  prosecuting  any  charge  of  bribery  or  attempting  to 


(B 


9 within  sucH  county,  or  of  receiving  bribes  by  any  such  person 


10  in  said  county,  shall  be  a charge  against  the  State,  and  their 

11  payment  by  the  State  shall  be  provided  for  by  law. 


Ill 

2 

.3- 

■5 

6 

Z 

S 

9 

10 

o 

II! 

’ 12 

13 

14 

15 

16 

17/ 

18 

19 


[ARTICLE  Xiy, 


• • Section  i.  Any  amendment  or  amendments  to  this  Con- 

k 

stitution  may  be  proposed  in  the  Senate  and  Assembly;  an'd  if 
the  same  shall  be  agreed  to  by  a majority  of  the  memb'eni 
elected  to  each  of  the  two  houses,  such  proposed  amendment, 
or  amendments  shall  be  entered  on  their  journals,  with  the 
yeas  any  nays  talcen  thereon,  and  referred  to  the  Legislature 
to  be  chosen  at  the  next  general  election  of  senators,  and  shall 
be  published  for  three  months  previous  to  the  time  of  making 

Of 

such  choice;  and  if  in  the  Legislature  so  next  chosen,  as  afore- 
said, such  ^proposed  amendment  or  amendments  shall  be 
agreed  to  by  a majority  of  all  the  members  elected  to  each| 
house,  then  it  shah*  be  the  duty  of  the  Legislature  to  submit 
such  proposed  amendment  or  amendments  to  the  people  for 
approval  in  such  manner  and  at  such  times  as  the  Legislature 
shall  prescribe;  and  if  the  people  shall  approve  and  ratify  such 

^ o 

amendment  or  amendments  by  a majority  of  the  electors  vot- 
ing thereon,  such  amendment  or  amendments  shall  become  a 
part  of  the  Constitution  from  andjifter  the  first  day  of  January 
next  after  such  approval. 


112 


1 Section  2.  At  the  general  election  to  be  held  in  the  year 

t 

2 one  thousand  nine  hundred  and  sixteen,  and  every  twentieth 

3 year  thereafter,  and  also  at  such  times  as  the  Legislature -may 
^ by  law  provide,  the  (question,  “ Shall  there  be  a convention  to 

5 revise  the  Constitution  and  amend  the  same  ? shall  be  decided 

6 by  the  electors  of  the  State;  and  in  case  a majority  of  the 

7 electors  voting  thereon  shall  decide  in  favor  of  a convention 

8 for  such  purpose,  the  electors  of  every  senate  district  of  the 

9 State,  as  then  organized,  shall  elect  three  delegates  at  the 

10  next  ensuing  general  election  at  which  members  of  the  AsISem- 

11  bly  shall  be  chosen,  and  the  electors  of  the  State  voting  at  the 

12  same  election  shall  elect  fifteen  delegates-at-large.  ‘ The  dele- 

13  gates  so  elected  shall  convene  at  the  capitol  on  the  first 

0 

14  Tuesday  of  April  next  ensuing  after  their  election,  and  shall 

15  continue  their  session  until  the  business  of  such  convention 

16  shall  have  been  completed.  Every  delegate  shall  receive  for 

17  his  services  the  same  compensation  and  the  same  mileage 

18  as  shall  then  be  annually  payable  to  the  members  of  the 

19  Assembly.  A majority  of  the  convention  shall  constitute  a 

20  quorum  for  the  transaction  of  business,  and  no  amedment 

21  to  the  Constitution  shall  be  submitted  for  approval  to  the 


113 


22  electors  as  hereinafter  provided,  unless  by  the  assent  of  a 

23  majority  of  all  the  delegates  elected  to  the  convention,  the  yeas 
24^  and  nays  being  entered  on  the  journal  to  be  kept.  The  con- 

25  vention  shall  have  the  power  to  appoint  such  officers,  employes 

26  and  assistants  as  it  may  deem  necessary,  and  fix  their  com- 

27  pensation  and  to  provide  for  the  printing  of  its  documer.ts, 

28  journal  and  proceedings.  The  convention  shall  determine  the 

29  rules  of  its  own  proceedings,  choose  its  own  officers,  and  be 

30  the  judge  of  the  election,  returns  and  qualifications  of  its  mcm- 

31  bers.  In  case  of  a vacancy,  by  death,  resignation  or  other 

32  cause,  of  any  district  delegate  elected  to  the  convention,  such 

33  vacancy  shall  be  filled  by  a vote  of  the  remaining  delegates 

f 

Q Tf 

34  representing  the  district  in  which  such  vacancy  occurs,  it 

35  such  vacancy  occurs  in  the  office  of  a delegate-at-large,  such 

36  vacancy  shall  be  filled  by  a vote  of  the  remaining  delegatcs- 

37  at-large;  Any  proposed  constitution  or  constitutional  amend- 

38  ment  which  shall  have  been  adopted  by  such  convention,  shall 

39  be  submitted  to  a vote  of  the  electors  of  the  State  at  the  time 

40  and  in  the  manner  provided  by  such  convention,  at  an  election 

0 

41  wliich  shall  be  held  not  less  than  six  weeks  aher  the  adjourn- 


ip  ment  of  sucli  convention.  Upon  tlie  approval  of  sucK  cotf- 

43  stitution  or  constitutional  amendments,  in  the  manner  pro- 

44  vided  in  the  last  preceding  section,  such  constitution  or  constitu- 

ev 

45  tional  amendment,  shall  go  into  effect  on  the  first  day  of  Jan- 

46  uary  next  after  such  approval. 

1 Section  3.  'Any  amendment  proposed  by  a constitutional 

2 convention  relating  to  the  same  subject  as  an  amendment  pro- 

3 posed  by  the  Legislature,  coincidently  submitted  to  the  people 

4 for  approval  at  the  general  election  held  in  the  year  one  thou-  " 
'5  sand  eight  hundred  and  ninety-four,  or  at  any  subsequent 

6 election,  shall,  if  approved,  be  deemed  to  supersede  the  amend- 
2 ment  so  proposed  by  the  Legislature. 


115 


ARTICLE  XV. 


1 ' Section  i.  - This  Constitution  shall  be  in  force  from  and 

2 including  tlie  first  day  of  January,  one  thousand  eight  hundred 

‘3  and  ninety-five,  except  as  herein  otherwise  provided. 

^ Done  in  Convention  at  the  Capitol  in  the  city  of 
Albany,  the  twenty-ninth  day  of  September, 
in  the  year  one  thousand  eight  hundred  and 
ninety-four,  and  of  the  Independence  of  the 
United  States  of  America  the  one  hundred  and 
nineteenth. 

In  witness  whereof,  we  have  hereunto  sub- 
scribed our  names. 

JOSEPH  HODGES  CHOATE, 

President. 

CHARLES  ELLIOTT  FITCH, 


Secretary, 


SCHEDULE  SHOWING  WHERE  SECTIONS  OF  CONSTITUTION  OF 
1646  OCCUR  IN  REVISED  CONSTITUTION. 


ARTICLE  I.  rkviskt) 

Constitution  op  1846.  Constitution. 

Sec.  1.  No  person  to  be  disfranchised Sec.  1 

Sec.  2.  Trial  by  jury Sec.  2 

Sec.  3.  Religious  liberty Sec.  3 

Sec.  4.  Writ  of  habeas  corpus Sec.  4 

Sec.  5.  Bail,  fines Sec.  5 

Sec.  6.  Grand  jury Sec.  0 

Sec.  7.  Private  property  — Private  roads (amended  by)  Sec.  . 

Sec.  8.  Freedom  of  speech  and  of  the  press Sec.  8 

Sec.  9.  Two-thirds  bills  (transferred  to  art.  Ill,  sec.  20.) 

Sec.  10.  Right  of  petition  — Divorce  — Lotteries (amended  by)  See.  0 

Sec.  11.  Right  of  property  in  lands  — Escheats Sec  i ) 

Sec.  12.  Feudal  tenures  abolished Sec.  .1 

Sec.  13.  Allodial  tenure Sec.  i . 

Sec.  14.  Certain  leases  invalid See.  ! 

Sec.  15.  Fines  and  quarter-sales  abolished Sec.  it 

Sec.  16.  Sale  of  lands ! Sec.  15 

Sec.  17.  Old  colony  laws  and  acts  of  the  Legislature  — Common  law  — 

Commissioners  to  be  appointed  — their. duties . .(amended  by)  Sec.  16 
Sec.  18.  Grants  of  lands  since  1775  — Prior  grants Sec.  17 


ARTICLE  II. 


Sec.  1.  Qualification  of  voters (amended  by)  Sec.  1 

Sec.  2.  Persons  excluded  from  right  of  suffrage  — Challenge  — Laws  to 

be  passed  excluding  from  right  of  suffrage (amended  by)  Sec.  2 

Sec.  3.  Certain  employments  not  to  affect  residence  of  voters 

(amended  by)  Sec.  .3 

Sec.  4.  Laws  to  be  passed (amended  by)  Sec.  4 

Sec.  5.  Election  to  be  by  ballot (amended  by)  Sec.  5 


118 


ARTICLE  III. 


EeVISBI)  ■' 
Constitutioit. 


F Constitution  ot  1846.  ' - " ' ' 

Sec.  1.  Legislative  powers *. Sec.  1 

Sec.  2.  Senate,  number  of  — Assembly,  number  of. . .(amended  by) Secs.  2-5 

Sec.  3,  State  divided  into  thirty-two  senatorial  districts  — boundaries 
thereof  — Board  of  supervisors  of  the  city  of  New  York  to 
divide  the  county  into  four  Senate  districts  — Certificate,  etc., 

to  be  filed .(amended  by) Secs.  2-5 

Sec.  4.  Census  to  be  taken  in  1855,  and  every  ten  years — Senate  dis- 
tricts, how  altered (amended  by)  . . . .Secs.  2-5 

Sec.  5.  Members  of  Assembly,  number  of,  and  how  apportioned  and 
chosen  — Boards  of  supervisors  in  certain  counties  and  board 
of  aldermen  in  New  York  city  to  divide  the  same  into 
Assembly  districts  — Description' of  Assembly  districts  to 
be  filed  — Contents  of  Assembly  districts  — Legislature  to 
reapportion  members  of  Assembl}’’  — Each  county  entitled 
to  one  member  — Hamilton  county  — Counties  and  towns 

may  be  divided  and  new  ones  erected (amended  by) Secs.  2-5 

Sec.  6.  Pay  of  members Sec.  6 

Sec.  7.  No  member  to  receive  an  appointment : Sec.  7 

Sec.  8.  Persons  disqualified  from  being  members Sec.  8 

Sec.  9.  Time  of  election  fixed Sec.  9 

Sec.  10.  Powers  of  caclrhouse (amended  by)  Sec.  10 

Sec.  11.  Journals  tc  be  kept Sec.  11 

Sec.  12.  No  member  to  be  questioned,  etc Sec.  12 

Sec.  13.  Bills  may  originaie  in  either  house Sec.  13 

Sec.  14.  Enacting  clause  of  bills Sec.  14 

Sec.  15.  Assent  of  a fiiajority  of  all  the  members,  required,  etc 

(amended  by)  Sec.  15 

Sec.  16.  Restriction  as  to  private  andjocal  bills Sec.  1C 

Sec.  17.  Existing  law  not  to  be  made  a part  of  an  act  except  by  insert- 
ing it  therein ‘ Sec.  17 

Sec.  18.  Private  and  local  billg,  in  %vhat  cases  they  may  not  be  passed  — 

General  laws  to  bo  passed  — Street  railroads,  conditions 

upon  which  they  may  be  authorized (amended  by)  Sec.  18 

Sec.  19.  The  Legislature  not  to  audit  or  allow  any  private  claim Sec.  19 

Sec.  20.  Bill  imposing  a tax,  manner  of  passing Sec.  24 


Sec.  21.  Same  subject Sec.  25 


119 


Hbvtsto 

CONSTITUTIOK. 


Constitution  of  1846. 

Sec.  22.  Board  of  supervisors 
Sec.  23.  Local  legislative  powers  conferred  on  hoards  of  supervisors. . . 
Sec.  24.  No  extra  compensation  to  he  granted  to  a public  officer,  serv- 
ant, agent  or  contractor 

Sec.  25.  Sections  seventeen  and  eighteen  not  to  apply  to  certain  bills. . 

ABTICLE  IV. 

Sec.  1.  Executive  power,  how  vested (amended  by) 

Sec.  2.  Requisite  qualifications  of  Governor 

Sec.  3.  Time  and  manner  of  electing  Governor  and  Lieutenant-Gover- 
nor   

Sec.  4.  Duties  and  power  of  Governor  — his  compensation 

Sec.  5.  Pardoning  power  vested  in  the  Goveilior 

Sec.  6.  Powers  of  Governor  to  devolve  on  Lieutenant-Governor. ..... 

Sec.  7.  Requisite  qualifications  of  Lieutenant-Governor — To  be  Presi- 
dent of  the  Senate,  and  to  act  as  Governor  in  certain  cases . . 

(amended  by) 

Sec.  8.  Compensation  of  Lieutenant-Governor 

Sec.  9.  Bills  to  be  presented  to  the  Governor  for  signature — If  retuiaied 
by  him  with  objections,  how  disposed  of  — Bills  to  be  re- 
turned within,  ten  days  — After  adjonrnnu'nl,  bills  must  be 
approved  in  thirty  days,  else  cannot  l.ec(;me  law  — Gover- 
nor may  object  to  items  of  apprupiiaiiwn  in  any  bill 

ARTICLE  V. 

Sec.  1.  State  officers,  how  elected  and  terms  of  office, . ..(amended  by) 
Sec.  2.  State  Engineer  and  Surveyor,  how  chosen' and  term  of  office. . . 

(amended  i)v) 

Sec.  3.  Superintendent  of  Public  Works,  powers  and  duties 

. (amended  by) 

Sec.  4.  Superintendent  of  Prisons,  powers  and  duties  of.  .(amended  by) 
Sec.  5.  Commissioners  of  the  Lsiid  Ofilce  — Commissioners  of  the 

Canal  F.ynd  — Canal  Board (amended  by) 

Sec.  G.  Powders  and  duties  of  boards,  etc 

Sec.  7.  Treasurer  maybe  suspended  by  Governor 

Sec.  8.  Certain  offices  abolished.  


Sec.  26 
Sec.  27 

Sec.  28 
Sec.  23 


Sec.  1 
Sec.  2 

Sec.  3 
Sec.  4 
Sec,  5 
Sec.  6 


Sec.  7 
Sec.  8 


Sec.  9 


Sec.  .1 

Secs.  1,3 

Sec.  3 
Sec.  4 

Sec.  5 
Sec.  6 
Sec.  7 
Sec.  8 


120 


ARTICLE  VI. 

Revisbd 

CONSTITUTIOK  OF  1846.  CONSTITUTKttT. 

Sec.  1.  Impeachment  — Assembly  has  power  of  — Effect  of  judg- 
ment  Amended  by  Secs.  1 to  23,  inclusive 

Sec.  2.  Court  of  Appeals  — Judges  how  chosen  — Appointment  of 

clerk  ** 

Sec.  3.  Vacancies  in  office  of  judge  of  Court  of  Appeals  ; how  filled. . “ 

Sec.  4.  Causes  pending  in  Court  of  Appeals  to  be  referred  to  Commis- 
sioners of  Appeals “ 

Sec.  5.  Commissioners  of  Appeals  — Vacancies;  how  filled  — Chief 

commissioner  to  be  appointed ** 

Sec.  6 Supreme  Court  — .1  urisdiction  — Justices  — Judicial  districts; 

number  of  justices  in  ; may  be  altered  without  increasing 

number ** 

Sec.  7.  Terms  of  Supreme  Court “ 

Sec.  8.  Judge  or  justice  may  not  sit  in  review  of  decisions  made  by 

him,  etc ** 

Sec.  9.  Vacancies  in  office  of  justice  of  Supreme  Court,  how  filled. . . “ 

Sec.  10.  Judges  of  Court  of  Appeals,  or  justices  of  Supreme  Court,  to 

hold  no  other  office ** 

Sec.  11.  Removals  — Proceedings  in  relation  to “ 

Sec.  12.  City  Courts 

Sec.  13.  Justice  of  Supreme  Court  or  judge  of  city  courts,  how 

chosen  — Term  of  office  — Restriction  as  to  age. “ 

Sec.  14.  Compensation  of  judges  or  justices  — Not  to  be  diminished 

during  term  of  office “ 

Sec.  15.  County  courts “ 

Sec.  16.  Local  judicial  officers “ 

Sec.  17.  Judge  of  Court  of  Appeals  or  justice  of  Supreme  Court, 
election  or  appointment  'of  — Question  to  be  submitted  to] 

people ** 

Sec.  18.  Justices  of  the  peace ** 

Sec.  19.  inferior  local  courts .* “ 

Sec  20.  Clerks  of  Supreme  Court  and  Court  of  Appeals ** 

Sec.  21.  No  judicial  officer,  except  justice  of  the  peace,  to  receive 

fees '. “ 

Sec.  22.  Judgments,  etc.,  may  be  ordered  directly  to  Court  of  Appeals 

for  review “ 


121 


PiJIVIf?ED 

Constitution. 


Constitution  of 

See.  23.  Publication  of  statutes  to  be  provided  for  — To  be  free 

to  all Amended  by  sees.  l_to  23,  inclusive 

Sec.  24.  Judges,  first  election  of — When  to  enter  upon  duties “ 

Sec.  25.  Local  judicial  officers  — Term  of  office  of  present  incumbents. . “ 

Sec.  26.  Courts  of  Special  Sessions “ 

Sec.  27.  Surrogates’  Courts ** 

See.  28.  Court  of  xlppeals  may  order  causes  to  be  beard  by  Commis- 
sion of  Appeals 


Sec.  1. 
See.  2. 
Sec.  3. 


Sec.  4. 
Sec.  5. 
Sec.  6, 


Sec.  7. 
Sec.  8. 
Sec.  t). 
Sec.  10. 
Sec.  11. 
Sec.  12. 

Sec.  13. 
Sec.  14. 


ARTICLE  Vn. 

Canal  debt. — Sinking  fund — June  1,  1846,  $1,300,000  June  '1, 

1855,  $1,700,000 abrogated 

General  fund  debt— Sinking  fund,  $350,000;  aftel'  certain 

period,  $1,500,000 abrogated 

Two  hundred  thousand  dollars  of  the  surplus  canal  revenues 
annually  appropriated  to  general  fund,  and  the  remainder 
• to  speciiic  public  works — Cerlalr^..  deficiencies  in  the 
revenues  not  exceeding  $250,000,  annually  to  be  .supplied 
from  the  revenues  of  the  canals — Contractors,  no  extra 

compensation  to  be  made  to (amended  by)  Sec.  9 

Loans  to  incorporated  companies  not  to  be  released  or  com- 
promised  abrogated 

Legislature  shall,  by  equitable  taxes,  increase  the  revenues 


Certain  canals  of  tlie  State  not  to  be  leased  or  sold — Expendi- 
tures, for  collections  and  repairs,  limited — Funds  from 

leases  or  sale,  how  applied Sec.  8 

Salt  Springs abrogated 

Appropriation  bills  (Art.  Ill,  Sec.  21) 

State  credit  not  to  be  loaned Sec. 

Power  to  contract  debts  limited Sec. 

Debts  to  repel  invasion,  etc.,  may  be  contracted Sec. 

Limitation  of  the  legislative  power  in  the  creation  of  debts. . . 

(amended  b}'^)  Sec. 

Sinking  funds  to  be  separately  kept  and  safely  invested Sec. 

Claims  barred  by  lapse  of  time— Limitation  of  existing 
claims (amended  by)  Sec. 


122 


ARTICLE  Vm. 

Revis*© 

CJONSTITUTION  OF  1846.  CONSTITUTION. 

Sec.  1.  Corporations,  bow  created Sec.  1 

Sec.  2.  Debts  of  corporations Sec.  2 

Sec.  8.  “Corporations”  defined Sec.  3 

Sec.  4.  Charters  for  savings  banks  and  banking  purposes Sec.  4 

Sec.  5.  Specie  payments  Sec.  5 

Sec.  6.  Registry  of  bills  or  notes See.  6 

Sec.  7.  Individual  responsibility  of  stockholders (amended  by)  Sec.  7 

Sec.  8.  Insolvency  of  banks,  preference Sec.  8 

Sec.  9.  Legislature  to  provide  for  the  incorporation  of  cities  and  vil- 
lages, and  to  define  powers  thereof  in  certain  cases  (Art.  XII, 

Sec.  1) 

Sec.  10.  The  credit  or  money  of  the  State  not  to  given  or  loaned Sec.  9 

Sec.  11.  Counties,  cities,  towns  and  villages  not  to  give  money  or 
property  or  loan  their  money  or  credit  — Their  power  to 
contract  debts  limited Sec.  10 

ARTICLE  IX. 

Sec.  1.  Common  school,  literature  and  United  States  deposit  funds...,  Sec.  .8 

ARTICLE  X. 

Sec.  1,  Sheriffs,  clerks  of  counties,  register  and  clerk  of  New  York, 
coroners  and  district  attorneys  — Governor  may  remove. ... 

(amended  by)  Sec.  1 

Sec.  2.  Officers,  how  chosen  or  appointed Sec.  2 

Sec.  3.  Duration  of  oflBce Sec.  3 

Sec.  4.  Time  of  election Sec.  4 

Sec.  5.  Vacancies  in  office,  how  filled Sec.  5 

Sec.  G.  Political  year (amended  by)  Sec.  G 

See.  7.  Removal  from  office Sec.  7 

See.  8.  When  office  deemed  vacant Sec.  8 

Sec.  9.  Compensation  of  certain  officers Sec.  9 


ARTICLE  XI. 


Constitution  on  1846. 

Sec.  1.  Militia (amended  by) 

Sec.  2.  Manner  of  choosing  or  appointing  militia  officers. (amended  by) 

Sec.  3.  Officers  to  be  appointed  by  Governor  and  Senate  — Commis- 

• sary-General (amended  by)  - 

Sec.  4.  Election  of  militia  officers (amended  by) 

Sec.  5.  Officers,  how  commissioned (amended  by 

Sec.  6.  Election  of  militia  officers  may  be  abolished (amended  by) 


Revisko 

CONSTITUTIOW. 


Secs.  1-6 
inclu- 
sive. 


ARTICLE  XII.  ' 

Sec.  1.  'Oath  of  office  prescribed  (Art.  XIII,  Sec.  1) 

ARTICLE  XIII. 

Sec.  1.  Amendments (amended  by)  Sec.  1 

Sec.  2.  Futui'e  conventions,  how  called .(amended  b}0  Sec.  2 


ARTICLE  Xiy. 

o 

Sec.  1.  Election  — Term  of  office  of  Senators  and  members  of 

Assembly abro, 

Sec.  2.  First  election  of  Governor  and  Lieutenant-Governor,  when. . . 

Sec.  3.  State  officers,  and  others,  to  remain  in  office  till  December  31, 

1847  

Sec.  4.  First  election  ctf  judicial  officers,  when  *  ** 

Sec.  5.  Jurisdiction  pending  suits “ 

Sec.  6.  Chancellor  and' Suprem'j  Cuuit  — Masters  in  Chancery “ 

Sec.  7.  Vacai-.oy'in  office  of  chaiicei'cr,  or  justice  of  Supreme  Court, 

how  f) lied “ 

Sec.  8.  Offices  abolished. “ 

Sec.  9.  Chancellor  and  ji4stices  oi  present  Supreme  Court,  eligible.  “ 

Sec.  10.  Officers  to  hold  until  expiration  of  term. ** 

Sec.  11.  Judicial  officers  may  receive  fees 

Sec.  12.  Local  courts  to  remain,  etc. “ 

Sec.  13.  When  Constitution  goes  into  operation . (amended.by)  Art.  XV,  Sec. 

* 

/ 


124 


ARTICLE  XV. 

Rk  VISED 

Constitution  op  1846.  Constitution. 

Sec.  1.  Bribery  and  orru;i:d  rorriiption  (Art.  XIII,  Sec.  2) 

See.  2.  The  same  .suliject  (Art.  XIII,  Sec.  3) 

Sec.  3.  Berson  offeriiii^-  or  receiving  bribe  maybe  witness  (Art.  XIII, 

Sec.  4) 

Sec.  4.  Disti  ict  attorney  may  be  removed  for  failure  to  prosecute 
violations  — Expenses  of  prosecution,  how  chargeable  (Art. 

XIII,  Sec.  6) ‘ 

• - 'VA  ARTICLE  XVI. 

Sec.  1.  Amendments,  when  to  take  effect  (superseded  by  Art.  XIV, 

Sec.  1] ; 


I 


D 


125 


SCHEDULE  SHOWING  PROPOSED  AMENDMENTS  AND  WHERE 
THEY  OCCUR  IN  THE  REVISED  CONSTITUTION. 

No.  OF  Third  Revised 

Reading.  Subject.  Constitution. 

1  Coroners « Art.  X,  Sec.  1 

2  Bills  to  be  printed Art.  Ill,  Sec.  15 

D 

3.. ..  Speaker  to  be  Governor Art.  IV,  Sec.  7 

4.. ..  Removal  of  $5,000  limitation Art.  I,  Sec.  18 

5.. ..  Power  of  President  of  Senate Art.  Ill,  Sec.  10 

6.. ..  Residence  for  voting  purposes Art,  II,  Sec.  3 

7  Salt  Springs  may  be  sold,  see Art.  VII,  Sec.  7 

8  Voting  otherwise  than  by  ballot Art.  II,  See.  5 

9.. ..  Abolition  of  Code  Commission Art.  I,  Sec.  16 

10.. ..  Prohibiting  riders”  on  appropriation  bills Art.  Ill,  Sec.  22 

11  Citizenship  before  voting Art.  II,  Sec.  1 

12  Day  of  meeting  of  Legislature Art.  X,  Sec.  6 

13.  ..  Prohibiting  passes Art.  XIII,  Sec,  5 

14. .  . . Contract  labor  in  prisons,  etc Art.  Ill,  Sec.  29 

15.. ..  Bi-partisan  election  boards Art.  II,  Sec.  ' 6 

16  Education Art.  IX,  Secs.  1-4 

17  Judiciary Art.  VI,  Secs.  1-23 

18  Apportionment Art.  Ill,  Secs.  2-5 

19.. ..  Forest  preserves Art.  VII,  Sec.  7 

30 Registration  of  voters Art.  II,  Sec.  4 

21.. ..  Term  of  Governor Art.  IV,  Sec.  1 

21 Terms  of  State  officers Art.  V,  Secs.  1,  2 

22.. ..  Separation  of  elections  Art.  XII,  Sec.  3 

23  Canals  (sale  of  Hamburg) . . , . Art.  VII,  Sec.  8 

24  Canal  improvements Art.  VII,  Secs.  9,  10 

25. .  . . Charities Art.  VIII,  Secs,  11-15 

26.. ..  Classification  of  cities Art.  XII,  Sec.  2 

26 Debt  limitation Art.  VIII,  Sec.  10 

27.. ..  Constitution  to  take  effect Art.  XV,  Sec.  1 

28.. ..  Civil  service Art.  V,  Sec,  '9 

29.. ..  Drainage  of  agricultural  lands Art.  I,  Sec.  7 

30  Future  amendments Art.  XIV,  Secs.  1-3 

31  Liability  of  bank  stockholders Art.  VIII,  Sec.  7 

32.. ..  Prohibiting  pool-selling Art.  I,  Sec.  9 

33. .  . . Militia . Art.  XI,  Secs.  1-3 


126 


SCHEDULESHOWING  SOURCES  OP  SECTIONS  OP  REVISED 
CONSTITUTION. 

KeVISED  CONSTITUTIOK. 


Article 

I,  Sec.  1 

Article 

I,  Sec.  2 

Article 

I,  Sec.  3 

Article 

I,  Sec.  4 

Article 

I,  Sec.  5 

Article 

I,  Sec.  6 

Article 

I,  Sec.  7 

Article 

I,  Sec.  8 

Article 

I,  Sec.  9 

Article 

I,  Sec.  10....: 

Article 

U Sec.  11 

Article 

I,  Sec.  12 

Article 

I,  Sec.  13 

Article 

I,  Sec.  14 

Article 

T,  Sec.  15 

Article 

I,  Sec.  16 

Article 

I,  Sec.  17 

Article 

I,  Sec.  18 

Article 

II,  Sec.  1 

Article 

II,  Sec.  2 

Article 

II,  Sec.  3 

Article 

II,  Sec.  4 

Article 

II,  Sec.  5 

Article 

II,  Sec.  6 

Article 

Ill,  Sec.  1.. 

Article 

Ill,  Sec.  2 

Article 

Ill,  Sec.  3 ... 

Article 

Ill,  Sec.  4 

Article 

Ill,  Sec.  5 

Article 

Ill,  Sec.  6 

Article 

Ill,  Sec.  7 

Article 

Ill,  Sec.  8 

Article 

Ill,  Sec.  9 

Article 

Ill,  Sec.  10 

Article 

Ill,  Sec.  11 

Constitution  op  1846. 

Article  I,  Sec^.  1. 

Art.  I,  Sec.  2. 

Art.  I,  Sec.  3. 

Art.  I,  Sec.  4. 

Art.  I,  Sec.  5. 

Art.  I.  Sec.  6. 

Art.  I,  Sec.  7,  amended. 

Ai*t.  I,  Sec.  8. 

Art.  I,  Sec.  10,  amended. 

Art.  I,  Sec.  11. 

Art.  I,  Sec.  12. 

Art.  I,  Sec.  13. 

Art.  I,  Sec.  14. 

Art.  I,  Sec.  15. 

Art.  I,  Sec.  16. 

Art.  I,  Sec.  17,  amended. 

Art.  I,  Sec.  18. 

New. 

Art.  II,  Sec.  1,  amended. 

Art.  II,  Sec.  2,  amended  on  revision 
Art.  II,  Sec.  3,  amended. 

Art.  II,  Sec.  4,  amended. 

Art.  II,  Sec.  5,  amended. 

New. 

Art.  Ill,  Sec.  1. 

New. 

New. 

New. 

New. 

Art.  Ill,  Sec.  6. 

Art.  Ill,  Sec.  7. 

Art.  Ill,  Sec.  8. 

Art.  Ill,  See.  9. 

Art.  Ill,  Sec.  10,  amended. 

Art.  Ill,  Sec,  11. 


157 


Revtset)  Constitution". 


Constitution  of  1846. 


Article 

III,  Sec.  12 

Art. 

Ill,  Sec.  12. 

Article 

Ill,  Sec.  13 

Art. 

Ill,  Sec.  13. 

Article 

Ill,  Sec.  14 

Art. 

Ill,  Sec.  14. 

Article 

Ill,  Sec.  15.. 

Art. 

Ill,  Sec.  15,  amended. 

Article 

Ill,  Sec.  IG.  

Art. 

Ill,  Sec.  16. 

Article 

Ill,  Sec.  17 

Art. 

Ill,  Sec.  17. 

Article 

Ill,  Sec.  18 

Art. 

Ill,  Sec.  18,  amended 

Article 

li:.  Sec.  19 

Art. 

III,  Sec.  19. 

Article 

Ill,  Sec.  20..... 

Art. 

I,  Sec.  9. 

Article 

Ill,  Sec.  21 

Art. 

VII,  Sec.  8. 

Article 

Ill,  Sec.  22 

Nev, 

Article 

Ill,  Sec.  23 

A.t. 

■f,  Sec.  25. 

Article 

Ill,  Sec.  24 

Ai 

;i.  Sec.  20. 

Article 

Ill,  Sec.  25 

Ak 

N,  Sec.  21. 

Article 

Ill,  Sec.  26 

An. 

;'I,  Sec.  22.  - ’ 

Article 

Ill,  Sec.  27 

Art. '^^il.  Sec.  23.  ■ 

Article 

Ill,  Sec.  28 

Art. 

III,  Sec.  24.  ^ 

Article 

Ill,  Sec.  29 

New. 

Article 

IV,  Sec.  1 

Art. 

IV,  Sec.  1,  amended. 

Article 

IV,  Sec.  2 

Art. 

IV,  Sec.  2. 

Article 

IV,  Sec.  3 

Art. 

IV,  See.  3. 

Article 

IV,  Sec.  4 

Art. 

IV,  Sec.  4. 

Article 

IV,  Sec.  5 

Art. 

IV.  Sec.  5. 

Article 

IV,  Sec.  6 

Art. 

IV,  Sec.  6. 

Article 

iv,  Sec.  7 

Art. 

IV,  Sec.  7,  amended. 

Article 

IV,  Sec.  8 

Art. 

IV,  Sec.  8. 

Article 

IV,  Sec.  9 

Art. 

IV,  Sec.  9. 

Article 

V,  Sec.  1 

Art. 

V,  Sec.  1,  amended. 

Article 

V,  Sec.  2 

New. 

Article 

V,  Sec.  3 

Art. 

V,  Sec.  3,  amended  ' 

Article 

V,  Sec.  4 

Art. 

V,  Sec.  4,  amended 

Article 

V,  Sec.  5 

Art. 

V,  Sec.  5,  amended  ' 

Article 

V,  Sec.  6 

Art. 

V,  Sec.  6. 

Article 

V,  Sec.  7 

Il 

Art. 

V,  Sec.  7. 

Article 

V,  Sec.  8 

Art. 

V,  Sec.  8. 

Article 

V,  Sec.  9 

New, 

Article 

VI.  Judiciarj’-,  Secs.  1 to  23, 

# 

inclusive 

Art. 

VI,  Secs.  1 to  28,  inck 

Article 

VII,  Sec.  1.... 

Art. 

VII,  Sec.  9. 

128 


...  • 


REVlStl 


'.NaTITUTION. 


Ccws'i 


u«^N  OF  1846. 

Article  VII,  See.  2 Art.  VII,  Sec.  10. 

Sec.  11. 

Sec.  12.  imenclecl  on  revision 
Sec.  13. 

Sec.  14. 


Article  VII,  Sec.  3 Art.  VII, 

Article  VII,  Sec.  4 Art.  VII, 

Article  VII,  Sec.  5 Art.  VII, 

Article  VII,  Sec.  6 Art.  VII, 

Article  VII,  Sec.  7 New. 

Article  VII,  Sec.  8 Art.  VII,  Sec.  6,  amended. 

Article  VII,  Sec.  9... Art.  VII,  Sec.  3,  amended. 

Article  VII,  Sec.  10 New. 


Article  VIII.  Sec.  1 Art.  VIII, 

Article  VIII,  Sec.  2 Art.  VIII, 

Article  VIII,  Sec.  3 Art  VIII, 

Article  VIII,  Sec.  4 Art.  VIII. 

Article  VIII,  Sec.  5 Art.  VIII, 


Article’ VIII,  Sec.  6 Art.  VIII, 


Article  VIII,  Sec.  7 Art.  VIII, 

Article  VIII.  Sec.  8 Art.  VIII, 

Article  VIII,  Sec.  9 • • VIII, 

Article  VIII,  Sec.  10 Ail.  VIII, 


Article  VIII,  Secs.  11-15 

Article 

IX,  Sec. 

1 

Article 

IX,  Sec. 

2 

Article 

IX,  Sec. 

3 

IX,  Sec. 

Article 

IX,  Sec. 

4 

Article 

X,  Sec. 

1 

X,  Sec. 

Article 

X,  Sec. 

2 

X.  Sec. 

Article 

X,  Sec. 

3 

X,  Sec. 

Article 

X,  Sec. 

4 

Art. 

X,  Sec. 

Article 

X,  Sec. 

5 

X.  Sec. 

Article 

X;  Sec. 

6 

X,  Sec. 

Article 

X,  Sec. 

7 

X,  Sec. 

Article 

X,  Sec. 

8 

X,  Sec. 

Article 

X,  Sec. 

9...., 

X,  Sec. 

Article 

XI,  Sec. 

1 

XI,  Sec. 

Article 

XI,  Sec. 

2 

XI.  Sec. 

Article 

XI,  Sec. 

3 

XI,  Sec. 

Article 

XI,  Sec. 

4 

XI,  Sec. 

Article 

XI,  Sec. 

5 

XI,  Sec. 

Revised  Constitutiok.  Constitution  or  ISlfi 


Article  XI,  See. 

6.. 

C,  amended. 

Article  XII,  Sec. 

X . . 

Art.VIII,  Sec. 

Article  XII,  Sec. 

2.. 

Article  XII,  Sec. 

3.. 

Xcv. 

Ai-ticle  XIII,  Sec. 

1.. 

Art.  Xll,  Sec. 

fiv  ' 

Article  XIII,  Sec. 

2.. 

Article  XIII,  Sec. 

3.. 

Art.  XV,  Sec. 

2 " ■ -m: 

Article  XIII,  Sec. 

8.  Bt..  . ; 

Article  XIII,  Sec. 

5.. 

i- 

Article  XIII,  Sec. 

6.. 

i. 

Article  XI V,  Sec. 

1.. 

1,  amended. 

Article  XIV,  Sec. 

2.. 

Art.  XTII,  Sec. 

2,  amended. 

Article  XIV,  Sec. 

3.. 

- 

Article  XV,  Sec. 

1.. 

Art.  XIV.  Sec. 

13. 

